Crown Prosecutor Recruitment East of England November 2016 1
Contents Important Information...3 Job Description. 4 Legal Professional Skills for CPS Crown Prosecutors.......8 Person Specification.......10 How to apply 12 Application Questions..13 2
Important Information Salary: National - 32,632 to 36,124 / London (inc Chelmsford) 34,378 to 37,810 Hours: 42 hours includes lunch breaks Terms and Conditions Requests for flexible, part-time working and job share will be considered, taking into account at all times the operational needs of the Department. Funding is not available to finance a transfer at public expense. Excess fares will not be considered in accordance with the Travel and Subsistence Code. Candidates who are recommended by the selection panel but not appointed to the current vacancy will be placed on a waiting list for 12 months and may be offered another post should any further vacancies for Crown Prosecutor arise during this period. If you have any queries regarding the roles available then please email Lauren.Ellam@cps.gsi.gov.uk or call 0151 213 5008 3
Job Description Job Title: Crown Prosecutor Reports To: Department /Division: District Crown Prosecutor/ Assistant District Crown Prosecutor Area/HQ Date Completed: July 2015 Pay Range: CP Career Family: Prosecution Process Role Purpose Initially the postholder will work on the more straightforward cases but should progress quickly to deal with more complex casework. On completion of the Crown Prosecutor five Learning Stages the postholder will be competent to advise the investigation (except Statutory pre-charge advice), commence proceedings in cases that could be charged by the police in accordance with the latest edition of the Director s Guidance on Charging and discontinue cases charged by the police. They will prepare for prosecutions on volume crime and undertake advocacy in relation to a range of preliminary, straightforward and contested casework including some either way cases and bail applications. This will include road traffic trials, simple summary trials, remand courts, sentencing and straightforward committals. The postholder will also assist in the development and training of other prosecutors and caseworkers e.g. after research into particular case law or special areas of the law and supervise Associate Prosecutors in case preparation and generally. This could take the form of direct training, facilitation of group discussions, tutoring and development of training materials and the provision of advice to others in the CPS or wider CJS. Subject to the post holder satisfying the general qualification provision within the meaning of section 71 of the Courts and Service Act 1990, the post is designated by the Director of Public Prosecutions as a Crown Prosecutor under the terms of section 1 (3) of the prosecution of Offences Act (1985). 4
Area of Accountability Leading and Communicating Accountabilities To explain decisions to magistrates, defence lawyers, witnesses, the police and other appropriate agencies in a manner that is appropriate for the recipient. To conduct case conferences with counsel as necessary. To assist colleagues by commenting upon the impact of legislative and other changes to criminal law and procedures To prepare Victim Contact and Liaison letters under supervision of a prosecutor at Senior Crown Prosecutor (or equivalent) or higher grade. Area of Accountability Collaborating and Partnering Casework Preparation Accountabilities To work effectively as part of a multi-skilled team and supervise and provide support to Associate Prosecutors in case preparation and generally. To take account of the needs of others, particularly victims and witnesses in drawing up casework plans. Advise the investigation (except Statutory pre-charge advice) in a range of preliminary, straightforward and contested casework including some either way cases. Prepare for prosecutions on volume crime in a range of preliminary, straightforward and contested casework including some either way cases Prepare committal papers including decisions on the form and number of charges, the witnesses and their order, and disclosure of unused material. Casework Review The postholder will ascertain whether prosecutions should proceed or be discontinued in cases where charges have been commenced by the police; Which witnesses should be used, and what evidence adduced, in summary cases; Which statements to serve under section 9 Criminal Justice Act 1967; 5
What charges are appropriate; and what representations to make in respect of allocation proceedings. Advocacy and Making Effective Decisions To provide agreement to acceptable pleas/bind overs on appropriate cases with Associate Prosecutors. To advise the police under supervision of a Senior Crown Prosecutor whether to institute criminal proceedings in less serious cases. To make decisions relating to applications for bail and whether to oppose them; whether to accept a bind over; whether to accept a plea to a lesser or different charge; when to change a previously prepared course of action; when to discontinue proceedings where charges have been commenced by the police and whether to apply for compensation or costs. To make judgments on the most effective manner in which to prosecute cases, on how to elicit information from vulnerable witnesses and when responding to defence representations. To prepare committal papers, which involves decisions on the form and number of charges, the witnesses and their order and disclosure of unused material. Supervisory Responsibility No direct line management, but will assist in the supervision of Associate Prosecutors at court and generally Financial Responsibility As appropriate to the grade and up to delegated amounts as agreed with line management Decision Making Authority As appropriate to the grade 6
Key Contacts Internal: District Crown Prosecutor Senior Crown Prosecutors Associate Prosecutors Administrative staff Caseworkers Paralegal Officers Paralegal Assistants Crown Advocates Senior Crown Advocates Area Operations Centre External: Probation Service Defence Counsel Court Staff Police Witnesses/Victims Witness Service (inc. voluntary agencies Barristers and their clerks Health and Safety Executive 7
Legal Professional Skills for CPS Crown Prosecutors You will be a barrister or solicitor, fully qualified to practice in England & Wales, whilst complying with professional CPD requirements and current competence statements of the appropriate professional regulators. You will be expected to display the CPS values. Indicator Can Example Evidence Has an in depth knowledge and understanding of the key concepts and principles of the criminal law. Has reliable legal judgement and case analysis skills which centre on the issues, are based on secure legal research and depend upon critical thinking and account for realistic risks at any trial. Demonstrate an in depth knowledge of criminal law and the Criminal Procedure Rules and practice, with a sound understanding of both police and court practice and procedure. Identify strengths and weaknesses in evidence, choose a realistic case theory, advising on outcomes, choosing unequivocally appropriate charges, explaining options, and with clarity and succinctly explaining advice appropriately whether to police or public. Producing high standard review, advocacy and decisions, in relation to summary and either way cases taking into account all appropriate criminal law, legislation and guidance in line with the Code for Crown Prosecutors practice. Consistently provides timely, clear, succinct but thoroughly researched legal judgement and advice which command credibility and respect and are fit for purpose. Develop and adopt new approaches to work that are acceptable both to the CPS and the wider Criminal Justice System (CJS). Appreciation of the legal and practical context in which it is set. 8
Has fluent oral and written advocacy skills. Put the prosecution case clearly, concisely and persuasively; speak up for the interests of victims and witnesses; assist the court; probe and challenge the defence case, and achieve timely and just outcomes. Ensure the case is progressed, making appropriate decisions as required and explaining those decisions as necessary. Deliver accurate, timely and fit for purpose advocacy, casework, preparation, and review. Adapting advocacy, analysis, instructions and advice as appropriate for different audiences. Producing effective and clear legal drafts. Acts with the utmost integrity and independence at all times, in the interests of justice. Ensure honesty, the highest professional ethical standards and fairness characterizes all their dealings with others. Being trusted judicially and by peers as competent, honest and professional able to explain decisions to magistrates, and engage the police and defence adjusting language appropriately for the audience. Understands the wider CPS and its role whilst planning, managing and progressing prosecution cases with appropriate consideration for victims, witnesses and the CJS. Explain the requirements of effective case Engaging credibly, early and effectively with management in serious and less serious cases, defence practitioners and CJ partners with flexibly deploying the improving scope of technology the aim of encouraging the resolution of the available and be an ambassador for improvement via issues within either way or summary cases the role of Prosecutor across CJS. within the spirit of CPR guidance. Engaging with wider CPS corporate activities. You will act in accordance with the duties and responsibilities of civil servants, the Code for Crown Prosecutors and the Codes of the professional bodies 9
Person Specification (Crown Prosecutor) The CPS Values Alongside the competencies listed, candidates will be expected to display CPS values which will be tested at various stages of the process: We will be independent and fair We will prosecute independently, without bias and will seek to deliver justice in every case. We will be honest and open We will explain our decisions, set clear standards about the service the public can expect from us and be honest if we make a mistake. We will treat everyone with respect We will treat everyone with respect. We will behave professionally and strive for excellence We will behave professionally and strive for excellence. Skills Criteria Method of Assessment Making Effective Decisions Make decisions when they are needed, even if they prove difficult or unpopular. Recognise patterns and trends in a wide range of evidence/ data and draw key conclusions, outlining costs, benefits, risks and potential responses Invite challenge and where appropriate involve others in decision making to help build engagement and present robust recommendations Interview and Assessment 10
Skills Criteria Method of Assessment Leading and Communicating Communicate in a straightforward, honest and engaging manner with all stakeholders and stand ground when needed Promote the work of the Department and play an active part in supporting the Civil Service values and culture. Communicate using appropriate styles, methods and timing, including digital channels, to maximise understanding and impact Interview and Assessment Delivering at Pace Take responsibility for delivering expected outcomes on time and to standard, yet allowing the teams space and authority to deliver objectives Plan ahead but reassess workloads and priorities if situations change or people are facing conflicting demands Regularly monitor own and team s work against milestones or targets and act promptly to keep work on track and maintain performance Interview and Assessment Collaborating and Partnering Establish relationships with a range of stakeholders to support delivery of business outcomes. Deal with conflict in a prompt, calm and constructive manner. Encourage collaborative team working within own team and across the department. Interview and Assessment 11
How to apply To apply for these vacancies, please provide the following: Application Questions (see below for application document questions and word limit) CV - Responses to the application questions detailed below (below). - A Curriculum Vitae (CV) To apply for these vacancies, please email a response to the application questions and a CV to Andrew Rogers of Hays Recruitment at Andrew.Rogers@hays.com Successfully shortlisted candidates will be invited to interview and asked to complete a legal case study assessment exercise. 12
Application Questions 1. Motivated by CPS work Please give your reasons for seeking employment as a lawyer with the Crown Prosecution Service? You may wish to consider the following when writing your response What is it about the work of the CPS that motivates you? How do you foresee your role in contributing to current CPS key priorities? What are your future aspirations do you have any specific career goals? 2. Practice & Specialisms 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.) up to five areas detailing the approximate percentage of time you spend on each. Please also provide any evidence of specialisms in which you have experience of or have an interest in. These may include rape, extradition, fraud (including fiscal fraud), organised crime, proceeds of crime, serious violence and murder, serious sexual offences, regulatory work, family work, immigration. 3. Advocacy Please provide examples of your advocacy experience giving a brief synopsis of the case, including dates, highlighting any unusual or particularly difficult/complex issues (no more than three). 4. Advisory Please provide examples (no more than three) of your advisory experience, providing brief details (dated and suitably anonymised) of the question or problem you had to advise on, what you advised and why. All information will be treated in confidence. Please note your response to the application questions is limited to no more than 250 words per question 13