Bar Council invitation for views from the Bar on outline proposals for revising the Crown Prosecution Service s process for the selection of selfemployed advocates. Contents Page Foreword 2 Introduction 3 Lists / Panels 3 Remuneration 9 Next Steps 9 (Annex 1) Draft application form for Level 1 Panel 10 (Annex 2) Draft application form for Levels 2 4 Panels 15 (Annex 3) Draft selection assessment form 23 (Annex 4) Illustrative guidance on size of Panels under a new scheme 26 (Annex 5) GFS value Breakdown by Advocate Level 29 1
Foreword The Bar Council and the CPS have for some time now been discussing the details of a new Panel Scheme which the CPS wishes to introduce. The attached proposal reflects the outline of the proposed scheme. It has been arrived at after lengthy, complex but constructive discussion and negotiations during which concessions have necessarily been made by both sides. The Bar Council now wishes to consult with its members and in particular the Circuits and the CBA. The proposals reflect a new understanding between us and a real desire to build a solid foundation for a mutually beneficial relationship for the foreseeable future. An important part of the scheme is the creation of a stable relationship between the Bar and the CPS which addresses key issues such as quality, volume of work and size of panel. Whilst the proposals focus on new Advocate Panel arrangements our discussions also covered remuneration issues. We had sincerely hoped to be able to agree on fee levels and distribution. However the present acute uncertainty over spending cuts has made this impossible. What we can say is that we are committed to the principle of fair and reasonable remuneration and a re balancing of the CPS GFS fee scheme to provide better support to the junior bar. It is our intention that fees will however be resolved before the Scheme becomes operative. The basic details of the scheme have been worked out by two working groups on behalf of the Bar Council and the CPS. Much hard work has gone into developing the proposals and we are very grateful to all those who contributed to the process. Nicholas Green QC Chairman of the Bar Keir Starmer QC Director of Public Prosecutions 2
Introduction 1. The Crown Prosecution Service wishes to revise the basis upon which it instructs advocates who appear to prosecute upon its behalf. It has been in detailed discussion with the Bar Council over proposed changes since it is the Bar Council which represents barristers who have traditionally prosecuted on behalf of the Crown and it is hence the Bar which will be most directly affected by the proposed changes. The discussions have in particular focused upon a range of difficult and complex issues including: the amount of work to be allocated to the self employed Bar; the payment for that work under CPS fee schemes, particularly the Graduated Fee Scheme; the choice of counsel and the quality of advocacy. These discussions have increasingly taken place against the backdrop of the extremely challenging climate in public spending and at the time of publication of this proposed scheme the outcome and implications of the public spending cuts are not fully known or assessed. 2. In terms of quality assurance, this is currently the subject of a separate consultation by the Joint Advocacy Group. 1 3. Over the last few months the CPS and the Bar Council have engaged in constructive meetings 2 designed to arrive at a meeting of minds on the outstanding issues. This paper, the contents of which have been agreed between the CPS and the Bar Council, represents the proposal that the Bar Council now wises to seek the views of its members upon. 4. Subject to feedback from the profession, the proposal would form the basis of a revised relationship which it is hoped would be in operation from 1 April 2011. Lists / Panels Present arrangements 5. The CPS undertakes Crown Court advocacy work through its employed Crown Advocates and through instructing self employed advocates, predominantly barristers. 6. Currently self employed advocates are on CPS Circuit Lists at levels 1 4 in all Circuits apart from the South East, outside London, which operates a general and special list. 7. At present almost all advocates on the CPS lists are self employed barristers. 1 Joint Advocacy Group: Consultation paper on proposals for a quality assurance scheme for criminal advocates http://www.barstandardsboard.org.uk/consultations/openconsultations/ 2 There have been meetings of a Chatham House Group and also of a sub group. This paper is the work of the sub group, on which the Bar Council representatives are: Michael Bowes QC, Nichola Higgins, Mark Lucraft QC, David Nicholls, Martin Secrett and Sophie Shotton. Consultant: Prof Martin Chalkley. CPS representatives: Mike Kennedy and Keith Milburn. 3
8. The estimated distribution of work, by value, undertaken between CPS employed advocates and self employed advocates were 3 : Estimated distribution of GFS advocacy undertaken by value across 42 CPS Areas (12 months to Sept 2010) Level 1 Level 2 Level 3 Level 4 QC Total Crown Advocates 38% 57% 27% 13% 0% 26% Self employed 62% 43% 73% 87% 100% 74% advocates 9. As at April 2010, the number of self employed advocates on the CPS lists were as follows: Self employed advocates on CPS lists, April 2010 Circuit Level 1 Level 2 Level 3 Level 4 Total London Group* 196 699 643 157 1,695 Midland 191 175 180 116 662 North Eastern 94 111 159 147 511 Northern 60 104 206 140 510 Wales 41 48 52 91 232 Western 125 131 139 64 459 Total 707 1,268 1,379 715 4,069 *NOTE: figures are given for London. Figures for the South Eastern Circuit as a whole are more difficult to calculate and use for comparison purposes due to the different arrangements in force in that circuit. 10. However, an analysis of the payments made to self employed advocates in 2009 shows that a significant proportion of the advocates on the list are either rarely or never instructed: % of self employed advocates on CPS lists rarely/never* instructed in 2009 Circuit Level 1 Level 2 Level 3 Level 4 London Group 80% 54% 39% 43% Midland 82% 55% 37% 17% North Eastern 67% 38% 24% 8% Northern 73% 37% 20% 6% Wales 51% 52% 33% 31% Western 82% 60% 29% 38% *NOTE: Rarely/never is an estimation by taking the payments made under the Graduated Fee Scheme in 2009 to self employed advocates that totalled for the year: 3 See Annex 4 for the full table. 4
Level 1 advocates 0 500; Level 2 advocates 0 1,000; Level 3 advocates 0 2,000; Level 4 advocates 0 5,000. The table can only be an illustration. The 2009 payment figures would include payment for some cases undertaken in 2008, and would not include payment for some cases undertaken in 2009 but not paid until 2010. Also it does not include payments made under the Very High Cost Case scheme.] 11. The purpose of using the information in the above table is to illustrate in broad terms the proportion of self employed advocates on CPS lists who are undertaking no or little prosecution work. It does not attempt to define what a reasonable level of work is. Considerations 12. The CPS considers that the only viable model for the delivery of advocacy services for the foreseeable future is through a mix of in house and self employed advocacy. 13. The CPS favours smaller lists, called Advocate Panels. This would enable a greater focus upon quality assurance because there would be fewer advocates on Panels to monitor it would enable a closer relationship to develop between the advocates and CPS and over time it would also generate financial savings in terms of administration. Most criminal advocates will be aware of the concept of a Panel because it is a model that has been used for the Attorney General s Unified List for many years. 14. Self employed advocates are likely to have mixed feelings about a smaller list. Those appointed to the Panel will welcome the greater opportunity to receive instructions. Those who fail to be appointed to the Panel might well have preferred the possibility of occasional instructions, rather than none at all. 15. A principal concern of the Bar Council in its negotiations with the CPS has been to ensure the long term sustainability of a self employed Bar undertaking prosecution work. This requires advocates to be able to develop their prosecuting skills which require both a sufficient number of instructions for each advocate and sufficient movement within the system to allow advocates to move up to higher levels of work as their skills and experience develop. 16. It also requires sufficient instructions at Levels 1 and 2 to enable selfemployed advocates to develop their skills and a prosecution career. The Bar Council has also been concerned to ensure that appointment should be based on merit, with the highest quality advocates (employed or self employed barrister or solicitor advocates) being instructed. 17. The proposed scheme will seek to give to Panel members an increased opportunity to obtain instructions from the CPS. It is impossible for the CPS to set 5
out any firm guarantees that a specific volume of work will be sent to any particular Panel member. The uses of the phrase an increased opportunity to obtain instructions will mean different things at different levels. The Bar Council has urged the CPS to maintain, in so far as reasonably possible, a more open entry point to the system. The solution being proposed is that barristers seeking to enter at levels 1 will be able to join the Panel provided they meet a quality threshold which will be determined. The size of the level 1 panel will accordingly be larger than that for levels 2, 3 and 4 and hence, given the increased size, the volume of instructions will be proportionately less. There is a trade off to be made between open access to the scheme and the amount of work sent to those on the scheme. By the same reasoning for those barristers on the Panels at levels 2, 3 and 4 the amount of work which will be allocated can be expected to be greater. 18. Ultimately the size of the Panel at each level will need to be consistent with the business needs of CPS on each Circuit. 19. In terms of the overall quantity of work to be allocated to the Bar you will see from Annex [4] that the Bar presently receives about 74% of the work by value. 20. The allocation of work as between the regions will be monitored with a view to exploring whether more consistency can be achieved across the circuits. Proposal 21. Out of the discussions between the Bar Council and the CPS over recent months, the following draft proposal for Advocate Panels has emerged: Geographical Basis One panel per Circuit, plus an additional panel for London. Panels will include advocates at 1 to 4 levels, but exclude QCs. Separate arrangements will apply for the Treasury Counsel team. There will be separate Panels for the specialist central casework divisions under the headings Central Fraud Group and Serious Organised Crime. The Circuit panel will be supplemented by sub panels of specialists e.g. for rape and fraud. The central casework panels will include specialists in POCA, fiscal fraud (Revenue and Customs), terrorism and extradition. Applicants will submit a single application form indicating their level, choice of panels and areas of specialism, if any. 6
Barristers can apply to be on a Panel for more than one Circuit but should limit their application to no more than two but will do so through a single form. The CPS will have discretion to instruct advocates off Panel (as they do now for off Circuit work). Open Competition Joint Advocate Selection Committee (JASC) to provide governance. Transparent process, fair and open competition with equality of opportunity. Applicants to provide evidence of skills and competencies, via standard application form(s), supported by references. Paper based process with selection against agreed criteria. Appointment decision open to appeal with appeals being determined by CPS and senior Bar representatives. Time Limited Panels Regular refresh of the Panel after three years (with an option to extend). JASCs to keep selection under regular review. Panel members can move between levels, either upon application or following an advocacy assessment, during the life of the panel. It is anticipated that there will be a period each year akin to the football transfer window in which applicants for transfer between Panels or addition to a specialist Panel can be made. Applications for a move will only be considered if made in that window. There will need to be some provision to cater for those who wish to be considered for entry to a panel at all levels during a year for example someone returning after extended maternity leave who wishes to apply to be added to a panel, or a member of the bar working in house for the CPS who returns to independent practice who wishes to apply. Opportunity for new entrants (level 1) to join during life of panel. Greater Opportunity of Work (see explanation above) Circuit Panel size to match anticipated workload (with some flexibility). Panel members to have greater opportunity of instructions than present. 7
The size of the panel, by level, will be determined in accordance with centrally produced guidance. Unsuccessful applicants to be allowed to continue to prosecute where instructions already delivered. Quality Assurance Panel advocates will be subject to competency based appointment against set criteria. Panel advocates will be subject to CPS quality assurance process. Panel members will agree to comply with Law Officers Departments and Bar security agreement and CPS fee schemes. Draft Timetable Panels to be open for application from 1 January 2011 and to close by end of January. Selection exercise February and March 2011. Panels to commence 1 April 2011. Further information 22. Annex 1 is a draft application form for self employed advocates to join a Panel at Level 1. Requirements in terms of experience would be less stringent than for Levels 2 4. Also, the balance between numbers on a Panel and opportunity of work for those on the Panel might be different for Level 1 than the other levels. Some of the most junior barristers are not yet at a stage where they have decided whether they wish to make prosecuting a significant part of their practice. Consequently, for Level 1 the preference of the Bar Council would be towards a bigger list even though this would mean that those on the list might not thereby have a significantly greater opportunity of work. 23. Annex 2 is a draft application form for self employed advocates to join a Panel at Levels 2 4. 24. Annex 3 is a draft selection assessment form. 25. Annex 4 is some suggested ball park figures for guidance that could be used to guide the number of self employed advocates per panel per region. 8
26. Annex 5 is the distribution of work by value in 2010. It is intended that under a new scheme information on the evolution of the value and volume of work will be made public by the CPS on a regular basis enabling both sides to monitor how the scheme is working and to raise for discussions any developments of concern. Remuneration 27. Whilst the proposals focus on new Advocate Panel arrangements our discussions also covered remuneration issues. Both CPS and the Bar Council had sincerely hoped to be able to agree on fee levels and distribution. However the present acute uncertainty over spending cuts has made this impossible. What we can say is that we are committed to the principle of fair and reasonable remuneration and a re balancing of the CPS GFS fee scheme to provide better support to the junior bar. It is our intention that fees will however be resolved before the Scheme becomes operative. Next Steps 28. It is expected that the CPS will be under a duty to undertake an Equality Impact Assessment on any substantial change to the current arrangement. The Bar Council will assist the CPS wherever possible in terms of providing or analysing information. It is intended that the proposals, if implemented, will create a greater opportunity for junior self employed barristers and, if possible, also increase the fees for those barristers, would have a positive effect in terms of the diversity of the profession. 29. Before the Bar Council proceeds further in its discussions with the CPS it is inviting views from among the Bar, in particular from: the Criminal Bar Association; Circuit Leaders; and the Bar Council s Equality and Diversity Committee, Remuneration Committee and Young Barristers Committee. 30. We would be particularly interested to hear your views on the Panels scheme proposal. Please send comments by Wednesday 24 November 2010 to: Caroline Corner remuneration@barcouncil.org.uk The Bar Council, 289 293 High Holborn, London, WC1V 7HZ. 9
DRAFT APPLICATION FORM FOR CPS ADVOCATE PANELS Introduction SELECTION CRITERIA INFORMATION SHEET Annex 1 1. [This information sheet will vary according to whether the application is for Levels 1-4. It should specify what experience and qualities are expected of applicants and the type of work typically carried out by prosecutors on that panel at that grade. Comparable experience in defending should carry equal weight. It is suggested that it should not be necessary to have had prior prosecuting experience for admission to any of the lists. For example, admission to the Panel at Level 1is not a pre-requisite for admission to the Panel at Level 2. 2. The information provided to each applicant could be along the following lines:] 3. Each CPS area maintains a Panel of counsel at levels 1-4. Entry to the panel is through this application process and is open to barristers who have a pupillage/ tenancy and solicitors who have a Higher Courts Advocacy qualification. 4. Applicants must apply for admission to the panel at either level 1, 2, 3 or 4. GRADE SPECIFIC SELECTION CRITERIA 5. Applicants for the Level 1 list will be expected to demonstrate the following: a. Completion of at least six months pupillage/ alternatively a certificate to practice advocacy in the higher courts. b. Sufficient advocacy experience to appear in all Magistrates Court prosecutions, simple Crown Court mentions and Plea and Case Management Hearings and Committals for Sentence and appeals in the Crown Court. c. A knowledge of ethical standards. d. The exercise of sound judgement. e. The potential to move to level 2 6. Appointments will be for a period of three years with an opportunity to extend. 7. Please note: 10
a. This level is intended to be a testing ground for the identification of suitable future prosecutors. b. The criteria for admission to level 1 is intended to be less onerous than for other levels. If it were otherwise, substantial numbers of applicants would be denied the opportunity to gain experience in order to apply for level 2. c. Applicants for the level 1 will generally be admitted unless there is no evidence of advocacy experience, no endorsement from a suitable referee or the application (e.g. spelling and grammar) is poor. GENERAL SELECTION CRITERIA 8. All applicants will be required to demonstrate: a. Academic strength (2:1 or above) or compensating strength in other factors b. A willingness to work as a team with other professionals without compromising professional independence. c. Familiarity with the Code for Crown Prosecutors. d. IT skills including word processing and e-mail. e. An appropriate understanding of the professional relationship between the CPS as the instructing solicitor, the police as investigators and counsel as the advocate. References. 9. Applicants for level 1 should provide one reference. An appropriate referee might be a pupil master, head of chambers or a chambers advocacy trainer who has seen the applicant perform advocacy. 10. Referees should be in a position to state: a. The extent of their knowledge of the applicant s work b. Why they think this person is suitable to conduct prosecution work c. What experience of advocacy the applicant has. A pro forma will be provided for referees to complete. 11
FORM Level 1 PERSONAL INFORMATION Last name: Forenames: Any previous names: CURRENT CHAMBERS/ PRACTICE Name of Chambers/ Practice Year of call Address of current Chambers/ practice Correspondence address (if different) please provide telephone numbers. PROFESSIONAL QUALIFICATIONS Dates of Bar/ Law Society Examinations Grades of Bar/ Law Society Examinations Barristers Date of Call (jurisdiction of England & Wales): Date of Call (any other jurisdiction please specify): Solicitors Date Higher Court Advocacy Qualifications obtained : DEGREE AND ANY POST-GRADUATE QUALIFICATIONS DATE INSTITUTION COURSE/ SUBJECT RESULT (INC. GRADES) If you did not obtain a class 2.1 or higher in your main degree, please say what in your view compensates for this (e.g. other experience, qualifications): EXAMPLES OF YOUR WORK Advocacy Please provide details of your advocacy experience to date. This can include court work, pro bono work, mooting, debating or public speaking (maximum of 300 words). All information will be treated in confidence but should be anonymised in any event. 12
Advisory Please provide brief details of a question or problem you have had to advise on, what you advised and why (300 words max). OTHER RELEVANT KNOWLEDGE, SKILLS AND EXPERIENCE Use this section to outline (for example): (1) Knowledge and skills obtained from employment prior to coming to the Bar. (2) Courses attended and explain how you keep up to date with changes in the law. (3) Any specialist knowledge or expertise which you feel may be useful. (Maximum of 300 words) Reason for wanting to be on the Prosecution List Please explain, in no more than 200 words, why you want to be on the Crown Prosecution Service List of External Prosecutors and what qualities you possess which would make you a good prosecution advocate. PREFERRED PROSECUTION AREA Please state in which area you wish to apply for admittance to the List? If you would like to prosecute in more than one area, please explain why. 1. 2. 3. ADDITIONAL INFORMATION Please use the space below to mention anything else in support of your application (remove for Level 1?) 13
REFEREES Please provide the name and contact details of your referee. Only one referee is necessary and that person should have some experience of your advisory work or advocacy. Name: Address: Tel No. Name: Address: Tel No. DECLARATION I declare that all the information I have given on this form, is, to the best of my knowledge and belief, true and complete. Furthermore, any examples of work provided are my own. I understand that if it is subsequently discovered that any statement is false or misleading, or that I have withheld relevant information, my application may be disqualified or, if I have already been appointed, I may be removed from the Panel. Signature: Date: [There will also need to be an equal opportunities monitoring form.] 14
Annex 2 DRAFT APPLICATION FORM FOR CPS ADVOCACY PANEL LEVELS 2-4 Introduction SELECTION CRITERIA INFORMATION SHEET 1. [This information sheet will vary according to whether the application is for levels 1-4. It should specify what experience and qualities are expected of applicants and the type of work typically carried out by prosecutors on that panel/ at that grade. Comparable experience in defending should carry equal weight. It is suggested that it should not be necessary to have had prior prosecuting experience for admission to any of the lists. For example, admission to level 1 is not a pre-requisite for admission to the level 2 list. 2. It should be made clear to applicants that the form is intended to test ability and therefore reference to years of call is guidance only should not be viewed restrictively. 3. Please note it is suggested this should be an on-line form with expandable boxes capable of being emailed to a point of contact at the CPS. 4. The information provided to each applicant could be along the following lines:] 5. Each CPS area maintains a list of counsel at levels 1-4. Entry to the list is through this application process and is open to barristers who have a pupillage/ tenancy and solicitors who have a Higher Courts Advocacy qualification. 6. Applicants must apply for admission to the Advocate Panel at either level 1, 2, 3 or 4. LEVEL SPECIFIC SELECTION CRITERIA Level 2 Panel 7. Generally, applicants will have in the region of 12 months trial/ advocacy experience (please note this is a guide, rather than a criterion). While experience in specialisms is referred to in the form, allowance is made for the fact that it will be more difficult for level 2 applicants to show experience in a particular specialism. Applicants, are however, welcome to refer to specialisms in which they have an interest in gaining experience. 8. Applicants will be expected to demonstrate the following: 15
Level 3 Panel a. The ability to conduct straightforward trials in the Crown Court such as theft, burglary, possession of offensive weapon, drug offences (street value less than 5,000), straightforward dishonesty cases, assaults occasioning actual bodily harm. Straightforward sexual assaults. b. A knowledge of ethical standards (e.g. completion of the Advocacy & Ethics element of the New Practitioners Programme). c. An understanding of the principles of disclosure. d. The ability to conduct confiscation hearings in any of the proceedings in which the applicant may be instructed as a Grade 2 prosecutor. e. The exercise of sound judgement. f. Up to date knowledge of the law relevant to prosecutors on this panel/ at this grade. g. The potential to join the level 3 panel. 9. Generally, applicants to this panel will have at least three years advocacy experience (this is a guide, rather than a criterion). 10. Applicants will be expected to demonstrate the following: a. Evidence of having handled the more serious level 2 work (either for prosecution or defence). An ability to prosecute frauds, serious assaults (section 20 and 18), Child abuse and serious sexual offences (excluding rape), multi-handed prosecutions. i. Please note that at present Level 3 prosecutors who wish to prosecute rape will need to be on a separate Rape list. The revised system will accommodate those wishing to apply to the Rape list at the same time as Level 3. b. Evidence of having handled difficult or sensitive issues of law and/ or fact. c. Detailed understanding of the disclosure regime and principles of Public Interest Immunity. d. Sufficient knowledge of confiscation and POCA 2002 to be able to handle confiscation as it may arise in any of the cases which fall within their competency. e. The exercise of sound judgement. 16
Level 4 f. Up to date knowledge of the law relevant to prosecutors on this panel/ at this grade. g. The potential to join to Level 4 Panel 11. Applicants to this grade will generally have in the region of seven years advocacy experience (this is a guide, rather than a criterion). 12. Applicants to this grade will be expected to demonstrate the following: a. The ability to handle the most serious offences and argue complex points of law. b. Very high quality advocacy and written work. c. The exercise of sound judgement in particular when faced with sensitive issues of fact. d. Up to date knowledge of the law relevant to prosecutors on this panel/ at this grade. 13. Appointments will be for a period of three years with an opportunity to extend. GENERAL SELECTION CRITERIA 14. All applicants will be required to demonstrate: a. Academic strength (2:1 or above) or compensating strength in other factors b. Drafting/ written ability evidenced by recent specimens of work c. A willingness to work as a team with other professionals without compromising professional independence. d. Familiarity with the Code for Crown Prosecutors. e. Knowledge or appreciation of the following: i. CPS policy on victims and witnesses; ii. The Code of Practice for Victims of Crime; No Witness, No Justice iii. Charging initiatives iv. CPS policy in respect of the prosecution of hate crime and domestic violence. f. IT skills including word processing and e-mail. 17
References g. An appropriate understanding of the professional relationship between the CPS as the instructing solicitor, the police as investigators and counsel as the advocate. 15. Heavy reliance is likely to be placed on the references and referees should be chosen with care. 16. Those applying to the Level 4 list, should provide three references. At least one of which should be from a member of the judiciary. Applicants with significant prosecuting experience, should provide at least one reference from an instructing lawyer. However, if you have not done a significant amount of prosecuting work and are unable to supply such a reference, this will not adversely affect your application. 17. Those applying to the Panels for level 2-3 should provide two references. Applicants with significant prosecuting experience, should provide at least one reference from an instructing lawyer. However, if you have not done a significant amount of prosecuting work and are unable to supply such a reference, this will not adversely affect your application. 18. Referees should be in a position to speak with authority about the skills specified in the selection criteria. The selection boards are aware it is generally more difficult for applicants to level 2 to find referees who can speak with authority on all of the required skills and allowances are made for this. 19. Referees will be asked why they consider the applicant to be good or excellent and will be asked to answer the following questions: a. What is the extent of your knowledge of the applicant s work? b. Analytical ability c. Judgment d. Written expression e. Advocacy f. Interpersonal skills g. Legal knowledge h. Additional information which would assist. [A pro forma will be provided for referees to complete.] 18
FORM PERSONAL INFORMATION Last name: Forenames: Any previous names: CURRENT CHAMBERS/ PRACTICE Name of Chambers/ Practice NO. OF YEARS EXPERIENCE OF ADVOCACY YEAR OF CALL (explain any difference with the above) Address of current Chambers/ practice Address of any previous chambers (and practice area if different to above) Correspondence address (if different), please provide telephone numbers. PRACTICE: Please list your main practice areas (e.g. general crime, sexual offences, fraud, extradition, asset forfeiture and confiscation, regulatory work, terrorism, serious crime, other areas of law such as family or civil etc.), indicating the percentage of time spent on each (any specialisms in which you are interested or of which you have some experience can be mentioned in the additional information section at the end of the form). 1. % 2. 3. 4. 5. % % % % ADVOCACY EXPERIENCE Date commenced regular advocacy (defined as appearing in court on a regular basis each week) Detail any periods during which you have not undertaken regular advocacy (including the length of those periods): Total regular advocacy experience: 19
SECONDMENT - Provide details of any secondments undertaken Start date: End date: Place of Secondment: Position held: Experience gained: Start date: End date: Place of Secondment: Position held: Experience gained: Start date: End date: Place of Secondment: Position held: Experience gained: PROFESSIONAL QUALIFICATIONS Dates of Bar/ Law Society Examinations Grades of Bar/ Law Society Examinations Barristers Date of Call (jurisdiction of England & Wales): Date of Call (any other jurisdiction please specify): Solicitors Date Higher Court Advocacy Qualifications obtained : DEGREE AND ANY POST-GRADUATE QUALIFICATIONS DATE INSTITUTION COURSE/ SUBJECT RESULT (INC. GRADES) If you did not obtain a class 2.1 or higher in your main degree, please say what in your view compensates for this (e.g. other experience, qualifications): EXAMPLES OF YOUR WORK Advocacy Please provide details of representative examples (no more than four) of your advocacy experience in the areas of work listed at (1) of the Grade Specific Selection Criteria above, (including any details of experience in comparable areas) detailing what you have learned from each. Experience in defence work is of equal value to prosecuting experience. All information will be treated in confidence but should be anonymised in any event. Please continue on a separate sheet(s) if necessary. 20
Advisory Please provide details of some representative examples (no more than three) of your advisory experience in the areas of work listed at (1) of the Grade Specific Selection Criteria information sheet. Please provide brief details of the question or problem you had to advise on, what you advised and why. Please also provide one (Levels 2 and 3) / two (Level 4) pieces of recent drafting (e.g. skeleton argument and/ or advice). All examples will be treated in confidence but should be anonymised. EXPERIENCE OF DEALING WITH DISCLOSURE Please provide details of your knowledge and experience of the disclosure regime. If you wish to provide examples (no more than three) please provide brief details of the question or problem you had to advise on, or deal with, and explain how you advised or dealt with it. SPECIALISMS Please provide evidence of any specialisms in which you have experience (whether or not it constitutes one of your main practice areas). Specialisms may include: serious violence and murder, fraud, asset forfeiture and confiscation, terrorism, rape, extradition, serious organised crime. OTHER RELEVANT KNOWLEDGE, SKILLS AND EXPERIENCE For example, relevant pro bono work, obtaining and using evidence from abroad, human rights, judicial review. Use this section to demonstrate your current awareness and explain how you keep up to date with changes in the law (maximum 300 words). Reason for wanting to be on the Prosecution List Please explain, in no more than 300 words, why you want to be on the Crown Prosecution Service List of External Prosecutors and what qualities you possess which would make you a good prosecution advocate.. 21
PREFERRED PROSECUTION AREA Please state in which area you wish to apply for admittance to the Panel. If you would like to prosecute in more than one area, please explain why. 1. 2. 3. ADDITIONAL INFORMATION Please use the space below to mention anything else in support of your application (maximum 300 words). REFEREES Please provide the names and contact details of your referees. Those applying for Levels 2 or 3 should provide no more than two and both should have experience of your advisory work or advocacy. Those applying for Level 4 should provide three references, at least one of which should be from a member of the judiciary. Name: Address: Tel No. Name: Address: Tel No. Name: Address: Tel No. DECLARATION I declare that all the information I have given on this form, is, to the best of my knowledge and belief, true and complete. Furthermore, any examples of work provided are my own. I understand that if it is subsequently discovered that any statement is false or misleading, or that I have withheld relevant information, my application may be disqualified or, if I have already been appointed, I may be removed from the Panel. Signature: Date: [There will also need to be an equal opportunities monitoring form.] 22
Annex 3 CPS ADVOCACY PANEL SELECTION ASSESSMENT FORM Applicant s Name Assessors Names Tenancy / HCA Rights YES / NO Two referees provided YES / NO Panels applied for LONDON / MIDLAND / NORTHERN / NORTH EASTERN / SOUTH EASTERN / WALES AND CHESTER / WESTERN Levels applied for 1 / 2 / 3 / 4 Level being assessed 1 / 2 / 3 / 4 [NOTE: One assessment form is required for each level applied for, against the criteria for that level] Specialism RAPE / FRAUD / POCA / REVENUE AND CUSTOMS / TERRORISM / OTHER 23
Assessment Advocacy experience at level applied for. Low (0-10 points) Medium (11-20 points) High (21-30 points) Comments Please include as much detail as possible Advisory work Experience of dealing with disclosure and PII Other relevant knowledge, skills and experience Role of CPS Advocate Panel Counsel Comments regarding stated specialisms: 24
Other comments on references, general remarks and written work - any areas of discrimination, any recommendations for interview or whether any persons should be consulted about the candidate and their application Overall Mark [Note maximum score = 150] NB: Data Protection Act requirements mean that this form may be made available to applicants. Please write clearly and ensure that comments are based on the evidence provided in the application and supporting papers. 25
Annex 4 Illustrated ball park guidance to offer to JASC regarding Panel size in each region A smaller Panel will provide advocates with a greater opportunity of work. For illustrative purposes, the North Eastern Circuit had the following breakdown of self employed advocates (in 2009). North Eastern self-employed advocates Grade 1, 94 Grade 4, 147 Grade 2, 111 Grade 3, 159 The attached graphs show the value of GFS payments made to self-employed advocates by level during 2009, where at least one payment was made. The graphs do not include advocate numbers where no payments were made. The graphs do not include VHCC payments. Level 1 GFS Remuneration North Eastern Circuit 2009 60,000 GFS pyt value 50,000 40,000 30,000 20,000 10,000-1 4 7 10 13 16 19 22 25 28 31 34 37 40 43 46 49 52 55 No. of self-employed advocates 26
Level 2 GFS Remuneration North Eastern Circuit 2009 70,000 60,000 GFS pyt value 50,000 40,000 30,000 20,000 10,000-1 8 15 22 29 36 43 50 57 64 71 78 85 92 99 106 No. of self-employed advocvates Level 3 GFS Remuneration North Eastern Circuit 2009 140,000 120,000 GFS pyt value 100,000 80,000 60,000 40,000 20,000-1 10 19 28 37 46 55 64 73 82 91 100 109 118 127 136 145 154 No. of self-employed advocates Level 4 GFS Remuneration North Eastern Circuit 2009 GFS pyt value 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000-1 10 19 28 37 46 55 64 73 82 91 100 109 118 127 136 145 No. of self-employed advocates 27
The above table is shown to illustrate the number of self-employed barristers remunerated above stated levels, across three options. To achieve the goal of reducing the size of the Panel and increasing the opportunity for work for Panel members it is proposed that the above options provide the range for the size of the new Panel at levels 3-4. The selection of advocates at 1 will largely be driven by reaching a quality standard but taking into account the business requirement for the Circuit. The data provided is for illustrative purposes only. Northern Eastern Circuit self-employed advocates 2009 Option 1 Option 2 Option 3 Level 1 94 Level 2 111 Level 3 159 > 2,000 111 > 3,000 109 > 5,000 92 Level 4 147 > 5,000 122 > 7,500 116 > 10,000 113 28
Annex 5 Graduated Fee Scheme Value Breakdown by Advocate Level Data based on 12 month period to Sept 2010 (GFS value ex VAT across 42 Areas) Western Circuit Level 1 Level 2 Level 3 Level 4 QC Total Crown Advocates 74,800 1,357,717 1,461,683 544,062 3,438,262 Self employed advocates 118,770 833,474 2,226,071 2,067,535 1,051,750 6,297,600 TOTAL 193,570 2,191,191 3,687,754 2,611,597 1,051,750 8,684,113 South Eastern Circuit Level 1 Level 2 Level 3 Level 4 QC Total Crown Advocates 126,679 2,188,521 2,718,513 826,152 188 5,859,864 Self employed advocates 344,966 2,168,186 6,147,525 2,430,994 2,103,433 13,195,104 TOTAL 471,645 4,356,707 8,866,037 3,257,147 2,103,621 16,951,536 Northern Circuit Level 1 Level 2 Level 3 Level 4 QC Total Crown Advocates 252,290 2,125,750 1,183,315 733,299 4,294,655 Self employed advocates 196,086 866,119 3,579,907 5,774,364 1,710,916 12,127,392 TOTAL 448,375 2,991,869 4,763,222 6,507,664 1,710,916 16,422,047 London Circuit Level 1 Level 2 Level 3 Level 4 QC Total Crown Advocates 63,644 2,461,233 2,263,247 529,626 5,317,751 Self employed advocates 332,955 4,565,015 11,159,356 3,513,595 3,864,910 23,435,832 TOTAL 396,599 7,026,248 13,422,603 4,043,221 3,864,910 28,753,583 North Eastern Circuit Level 1 Level 2 Level 3 Level 4 QC Total Crown Advocates 73,071 2,520,336 1,296,180 552,792 66,587 4,508,966 Self employed advocates 199,828 983,653 2,616,648 6,141,142 1,796,881 11,738,153 TOTAL 272,900 3,503,990 3,912,828 6,693,934 1,863,467 16,247,119 Midland Circuit Level 1 Level 2 Level 3 Level 4 QC Total Crown Advocates 229,692 2,662,376 1,158,438 814,431 162 4,865,099 Self employed advocates 169,954 1,014,063 2,540,583 4,936,655 2,509,849 11,171,104 TOTAL 399,647 3,676,438 3,699,021 5,751,085 2,510,011 16,036,202 Wales Group Level 1 Level 2 Level 3 Level 4 QC Total Crown Advocates 68,315 450,740 499,003 113,515 1,131,573 Self employed advocates 86,392 166,009 731,865 2,402,035 662,272 4,048,573 TOTAL 154,706 616,749 1,230,868 2,515,550 662,272 5,180,146 Totals Level 1 Level 2 Level 3 Level 4 QC Total Crown Advocates 888,491 13,766,674 10,580,380 4,113,877 66,937 29,416,358 Self employed advocates 1,448,952 10,596,519 29,001,955 27,266,321 13,700,011 82,013,758 TOTAL 2,337,443 24,363,193 39,582,335 31,380,198 13,766,947 111,430,116 29
Percentage Breakdown Level 1 Level 2 Level 3 Level 4 QC Total Crown Advocates 38% 57% 27% 13% 0% 26% Self employed advocates 62% 43% 73% 87% 100% 74% 30