85043 - Lawyer - Criminal Appeals Office
His Majesty’s Courts and Tribunals Service
Royal Courts of Justice Group, Legal Operations
Job Title: Complex Casework Lawyer, Court of Appeal, Criminal Division
Pay Span or equivalent: Grade 7
Salary London: £58,847 - £66,670
Location: The role will be based at the Royal Courts of Justice, Strand, London although hybrid working is permitted
Contract type: Permanent
Number of hours per week: 37
Number of vacancies: 1
Reserve List: Yes
Background
His Majesty’s Courts and Tribunals Service (HMCTS) is responsible for the administration of the criminal, civil and family courts and tribunals in England and Wales and non-devolved tribunals in Scotland and Northern Ireland. It provides a fair, efficient and effective justice system delivered by an independent judiciary. HMCTS aims to ensure that all citizens receive timely access to justice according to their different needs, whether as victims or witnesses of crime, defendants accused of crime, consumers in debt, children at risk of harm, businesses involved in commercial disputes or as individuals asserting their employment rights or challenging the decisions of government bodies.
Consequently, there are high expectations of all staff regardless of the job they do, and high performance is expected from everybody. The organisation is continuously adopting new or better ways of working to ensure that it focuses on just that which is essential. As a leader and manager within HMCTS the post holder must also provide clear direction and focus and visibly championing the changes which deliver greater improvement. HMCTS Senior Management Team expects all leaders to operate in a culture of openness and honesty, demonstrating a commitment to change through involvement and empowerment, and by delivering results.
Introduction
The RCJ legal operations group includes all the lawyers working in the offices which support the Court of Appeal (criminal and civil divisions) and the High Court. It also includes lawyers working in the Upper Tribunal (including EAT).
The jurisdiction of the Court of Appeal Criminal Division (CACD) is primarily to determine appeals from the Crown Court and to provide guidance on criminal legislation, case law and procedure. For the majority of defendants, it is the final court of appeal. The Criminal Appeal Office (CAO) provides administrative and legal support to the CACD and to the Court Martial Appeals Court.
Job Description
A Complex Casework Lawyer in the CAO is responsible for all aspects of case management and for drafting summaries for the full court in conviction cases, working closely with the Registrar of Criminal Appeals and the senior Judiciary. In addition, a Complex Casework Lawyer provides legal advice on sentence appeals and assumes responsibility for the case management of complex sentence cases.
Key responsibilities and duties:
• Case management of all conviction cases under the Criminal Appeal Act 1968 and various other applications to the CACD under other statutes, in accordance with the Criminal Procedure Rules to ensure that cases are actively managed through the appeal process efficiently and justly. The Registrar is responsible for case management on behalf of the CACD and has delegated the majority of her powers to the Complex Casework Lawyers. It is the role of the lawyer to ensure that all applications are effective, that the issues on appeal are properly identified and to give directions to ensure that all issues are addressed, and all necessary material is before the court so as to ensure efficient use of judicial resources.
• Preparation of a case summary of the facts and legal issues in every conviction case which is to be listed before the full court (i.e. appeals, renewed applications and directions hearings). The summary is used by the court in preparing their judgment (which is usually ex tempore) and will contain advice to the judiciary regarding the court’s powers in relation to the case, including advice on ancillary matters such as reporting restrictions and costs.
• Consideration of sentence cases to identify unlawful sentences and invalid committals and to advise the Registrar and judiciary as to how the sentence may be re-ordered or the invalid committal addressed. Complex Casework Lawyers also have case management responsibilities for the most complex sentence cases.
• Legal research as required and providing appropriate advice to the Registrar, senior judiciary and court users, including appellants and legal professionals.
• Advising new High Court Judges on CACD practice and procedure in relation to applications for leave to appeal.
• Identifying novel legal issues which require that the CACD give guidance to the lower courts and drawing such issues to the attention of the Registrar.
• Undertaking projects (and leading a small project team if necessary) such as the co-ordination of special courts of conjoined appeals, preparation and presentation of training events; drafting responses to consultation papers.
• Maintaining specialist skills by keeping up to date with relevant law and CAO practice and procedure; fulfilling the relevant CPD requirements.
• Develop and apply legal skills by maintaining and developing specialist skills, and keeping up to date with developments, relevant procedural rules and case law, with a strong focus on continuous learning. Attend in-house and external training courses to complete relevant continuous professional development requirements
Accountability
The post holder will report to the Senior Legal Managers.
The post holder is required to work in a flexible way and to undertake any other duties reasonably requested by line management which are commensurate with the grade and level of responsibility of this post.
Recruitment Process
Success Profiles: You will be assessed against the Civil Service Success Profiles framework.
Required Skills, Qualifications & Experience
• Solicitor or barrister qualified to practise in England and Wales (i.e. having completed training contract or pupillage), or Fellow of the Chartered Institute of Legal Executives (eligible where (i) a Qualifying Law Degree (QLD) is held; or (ii) the GDL/CPE has been completed; or (iii) where exams have been passed (i.e. a score of 50% or above achieved) at CILEx Level 6*, in all of the seven foundation subjects in law).
• Post qualification experience with good working knowledge of criminal law and procedure.
• During the application process you will be asked to provide details of any demonstrable experience, career history and achievements that are relevant to the role.
Conditions of appointment
Prior to appointment candidates will be asked to provide an original copy of their legal qualification certificate. We will ask you to bring this with you to interview.
You will be required to provide evidence of the following behaviours:
• Making Effective Decisions
• Delivering at Pace
• Communicating and Influencing
• Managing a Quality Service
At the application stage you will be asked to provide four 250-word statements evidencing the required behaviours (above) and details of your post qualification experience in criminal law. Applications will be sifted on the basis of this information.
Should we receive a large number of applications, we will sift primarily on experience and on the lead behaviour: Making Effective Decisions. Successful applicants will then be invited to an interview, where they will be assessed against both behaviours and strengths.
Interviews
Please note that interviews will be carried out in person in London.
The interview will assess technical legal skills, behaviours and strengths from the Success Profiles framework.
Candidates invited to interview will be required to undertake a situational legal skills judgement test. The following legal professional skills will be assessed:
• Produces sound analysis using secure legal research
• Maintains relevant and up to date legal knowledge and skills
• Has reliable legal judgement and understands legal risk
• Awareness of the work of the CACD
You can refer to the Civil Service Strengths dictionary for more details: Success Profiles - Civil Service Strengths Dictionary (publishing.service.gov.uk)
Interviews are expected to take place at the end of April 2024.
Salary, Working Arrangements & Further Information
Some of the Ministry of Justice’s (MoJ) terms and conditions of service are changing as part of Civil Service reform. The changes will apply to staff joining MoJ who are new to the Civil Service. Staff joining MoJ from other civil service employers will transfer onto the new MoJ terms if they are already on 'modernised' terms in their current post or onto 'unmodernised' MoJ terms if they are on 'unmodernised' terms at their current post. Details will be available if an offer is made.
Starting Salary
The starting salary for this post is £58,847.00
Flexible working hours
The MoJ offers flexible working (subject to business needs).
Qualifications
To be eligible to apply for this post, candidates must have passed the academic stage of qualification to become a barrister in England and Wales, or a solicitor of the Senior Courts of England and Wales, or a Fellow of the Chartered Institute of Legal Executives (CILEX) or CILEX Lawyer. For clarification;
The Legal Practice Course (LPC) for Solicitors, or BOTH the SQE1 and SQE2 stages of the Solicitors Qualifying Exam; or
• The Bar Training Course; or equivalent for Barristers; or
• The CILEx Level 3 Professional Diploma in Law and Practice and the CILEx Level 6 Diploma in Law and Practice; or
• The CILEx Graduate Fast Track Diploma; or equivalent for Graduate
Working Arrangements & Further Information
The MoJ offers Hybrid Working arrangements where business need allows. This is an informal, non-contractual form of flexible working that blends working from your base location, different MoJ sites and / or from home (please be aware that this role can only be worked in the UK and not overseas). Some roles will not be suitable for Hybrid Working. Similarly, Hybrid Working will not suit everyone’s circumstances. Arrangements will be discussed and agreed with the successful candidate(s) and subject to regular review.
For nationally advertised roles, the successful candidate(s) will be appointed to a MoJ office location, which may include their nearest Justice Collaboration Centre or Justice Satellite Office. This will be discussed and agreed on the completion of pre-employment checks.
Some of MoJ’s terms and conditions of service are changing as part of Civil Service reform. The changes will apply to staff joining MoJ who are new to the Civil Service. Staff joining MoJ from other civil service employers will transfer onto the new MoJ terms if they are already on 'modernised' terms in their current post or onto 'unmodernised' MoJ terms if they are on 'unmodernised' terms at their current post. Details will be available if an offer is made.
MoJ candidates who are on a specialist grade, will be able to retain their grade on lateral transfer.
All candidates who are currently in receipt of Mark Time / Pay Protection should ensure they are familiar with the new policy on permanent and temporary promotion which can be found on the employee intranet.
Flexible working hours
The Ministry of Justice offers a flexible working system in many offices.
Benefits
The MoJ offers a range of benefits:
Annual Leave
Annual leave is 25 days on appointment and will increase to 30 days after five years’ service.
There is also a scheme to allow qualifying staff to buy or sell up to three days leave each year. Additional paid time off for public holidays and 1 privilege day. Leave for part-time and job share posts will be calculated on a pro-rata basis.
Pension
The Civil Service offers a choice of pension schemes, giving you the flexibility to choose the pension that suits you best.
Training
The Ministry of Justice is committed to staff development and offers an extensive range of training and development opportunities.
Networks
The opportunity to join employee-run networks that have been established to provide advice and support and to enable the views of employees from minority groups to be expressed direct to senior management. There are currently networks for employees of minority ethnic origin, employees with disabilities, employees with caring responsibilities, women employees, and lesbian, gay, bisexual and transgender employees.
Support
- A range of ‘Family Friendly’ policies such as opportunities to work reduced hours or job share.
- Access to flexible benefits such as voluntary benefits, retail vouchers and discounts on a range of goods and services.
- For moves to or from another employer or moves across the Civil Service this can have implications on your eligibility to carry on claiming childcare vouchers. You may however be eligible for alternative government childcare support schemes, including Tax Free Childcare. More information can be found on GOV.UK or Childcare Choices. You can determine your eligibility at https://www.childcarechoices.gov.uk/.
- Paid paternity, adoption and maternity leave.
- Free annual sight tests for employees who use computer screens.
Working for the Civil Service
The Civil Service Code sets out the standards of behaviour expected of civil servants.
We recruit by merit on the basis of fair and open competition, as outlined in the Civil Service Commission's recruitment principles. Should you feel that the recruitment process has breached the recruitment principles you are able to raise a formal complaint in the following order
- To Shared Service Connected Ltd (0845 241 5358 (Monday to Friday 8am - 6pm) or e mail Moj-recruitment-vetting-enquiries@gov.sscl.com);
- To Ministry of Justice Resourcing team (resourcing-management-office@justice.gov.uk);
- To the Civil Service Commission (details available here)
The Civil Service embraces diversity and promotes equal opportunities. As a Disability Confident employer, MoJ are committed to providing everyone with the opportunity to demonstrate their skills, talent and abilities, by making adjustments throughout all elements of the recruitment process and in the workplace. MoJ are able to offer an interview to disabled candidates who meet the minimum selection criteria, except in a limited number of campaigns.
For more information on applying for a role as a candidate with a disability or long-term condition, please see our Disability Confident Scheme Frequently Asked Questions webpage.
You will be able to request reasonable adjustments to the recruitment process within the application form. If you need additional help completing the application form, please contact the SSCL Recruitment Enquiries Team.
We encourage applications from people from all backgrounds and aim to have a workforce that represents the wider society that we serve. We pride ourselves on being an employer of choice. We champion diversity, inclusion and wellbeing and aim to create a workplace where everyone feels valued and a sense of belonging. To find out more about how we do this visit: https://www.gov.uk/government/organisations/ministry-of-justice/about/equality-and-diversity.
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To apply for roles in MOJ you will need to confirm your employment history for at least 3 years prior to the date of application so that pre-employment checks (BPSS) can be undertaken. If you have spent significant time abroad (a total of 6 months in the past 3 years) you would be required to give a reasonable account of the reasons why.
For some roles you will be required to successfully complete National Security Vetting at Counter Terrorism (CTC), Security Clearance (SC) or Developed Vetting (DV) level as a condition of appointment. To meet CTC/SC/DV requirements you will normally need to have been resident in the UK for at least 3/5/10 years prior to the date of application (The level of checks that are required are stated in the advert).
If you do not meet the above requirements, you may still be considered if, for example:
- You've been serving overseas with HM Forces or in some other official capacity as a representative of HM Government
- You were studying abroad
- You were living overseas with parents
In such cases you will need to be able to provide referee cover for the period(s) of residence overseas. The duration of overseas residence and the country of abode will also be taken into account.
Success Profiles will enable a fairer and more inclusive method of recruitment by enabling us to assess the range of experiences, abilities, strengths, behaviours and technical/professional skills required for different roles. This flexible approach to recruitment focuses more on finding the right candidate for the specific role. To find out more about Success Profiles to support your application please click here for further guidance.
We have provided detail of the assessment stages and areas being assessed to help you prepare for completing your application form, and to advise of what will be assessed following this, if you successfully pass the application stage.
Application form stage assessments
Interview stage assessments
A Great Place to Work for Veterans
The "Making the Civil Service a Great Place to work for veterans" initiative includes a guaranteed interview scheme to those who meet the minimum criteria to provide eligible former members of the Armed Forces with opportunities to secure rewarding jobs. Allowing veterans to continue to serve their country, and to bring highly skilled individuals with a broad range of experience into the Civil Service in an environment, which recognises and values your previous service in the Armed Forces.
For further details about the initiative and eligibility requirements visit : https://www.gov.uk/government/news/making-the-civil-service-a-great-place-to-work-for-veterans
Redeployment Interview Scheme
Civil Service departments are expected to explore redeployment opportunities before making an individual redundant. The MoJ are committed, as part of the Redeployment Interview Scheme, to providing opportunities to those who are 'at risk of redundancy'.
MoJ are able to offer an interview to eligible candidates who meet the minimum selection criteria, except in a limited number of campaigns. Candidate's will not be eligible for the Redeployment Interview Scheme if they are applying on promotion.
This job is broadly open to the following groups:
· UK nationals
· nationals of the Republic of Ireland
· nationals of Commonwealth countries who have the right to work in the UK
· nationals of the EU, Switzerland, Norway, Iceland or Liechtenstein and family members of those nationalities with settled or pre-settled status under the European Union Settlement Scheme (EUSS) (opens in a new window) https://www.gov.uk/settled-status-eu-citizens-families
· nationals of the EU, Switzerland, Norway, Iceland or Liechtenstein and family members of those nationalities who have made a valid application for settled or pre-settled status under the European Union Settlement Scheme (EUSS)
· individuals with limited leave to remain or indefinite leave to remain who were eligible to apply for EUSS on or before 31 December 2020
· Turkish nationals, and certain family members of Turkish nationals, who have accrued the right to work in the Civil Service
Further information on nationality requirements (opens in a new window) https://www.gov.uk/government/publications/nationality-rules
This Vacancy is closed to applications.