THE ROLE

The purpose of the role is to represent the Justices' Clerk as Legal Adviser to the Magistrates and District Judge (Magistrates' Courts) in accordance with The Courts Act, 2003, the Justices' Clerks Rules, Practice Directions and protocols.

A candidate for this post must be legally qualified in accordance with The Assistant to Justices' Clerks (Amendment) Regulations 2007 and able to demonstrate the competences of a Legal Adviser.

To function as a Tier 2 Legal Adviser, the role holder is also required to regularly undertake the additional responsibilities as set out at Tier 2 in the Legal Adviser Career Structure and to achieve and maintain competence in this (or these) practice areas.

All Tier 2 Legal Advisers are expected to have a level of legal specialism over and above that of Tier 1 Legal Adviser and for this to be used for the benefit of the team and to support their colleagues. The Tier 2 role provides the opportunity to gain recognition for the knowledge and skills in a recognised legal practice area.

On appointment a Tier 2 Legal Adviser, role holder will be appointed on the entry point of Tier 2 on the Legal Adviser Career Structure.

The roles and responsibilities for a Tier 2 Legal Adviser should contribute and impact on the work of the courts throughout HMCTS and including working across another legal jurisdiction eg tribunals.

Please find attached the roles and responsibilities, career framework and competence frameworks.

Key Responsibilities

In addition to the Tier 1 main activities, the following roles and key responsibilities are applicable to Tier 2 practice areas:-

Increased Delegated Powers/Management of Complex Cases

Appointment to a Tier 2 post means that the role holder has demonstrated the baseline Tier 1 competences and has developed initial case management skills. This additional responsibility provides the opportunity for the role holder to develop those skills with a high level of autonomy.

Key responsibilities include:-

• The ability to exercise the full range of delegated powers assigned by their Justices' Clerk
• Take a primary lead role in supporting effective case management (e.g. CJSSS and similar initiatives)
• Experience of exercising judicial discretion and pro-active case management
• Acting as a champion to ensure that cases are progressed as effectively as possible in respect of minimising delay and upholding the interests of justice
• Taking responsibility for the achievement of case management targets
• The ability to effectively case manage complex cases
• The ability to competently sit as a delegated Legal Adviser in case management hearings
• The ability to assertively manage the court process
• The ability to manage the effective trial management process: and
• The knowledge and experience to effectively manage a complex case at short notice.

And /or

Panel/Committee Responsibility

The role of the Tier 2 Legal Adviser for panel and committee work will be to manage and support the responsibilities of the respective committee. This may link in to committee responsibility in the wider HMCTS area.

Key responsibilities include:-

• Knowledge of the rules and procedures relating to statutory committees and panels
• Setting up and managing the respective committee meetings
• Managing the process of election of officers
• Managing the obligations and duties of the committees
• Managing committee responsibilities
• Advising the committee on respective legal issues
• Preparing reports
• Drafting papers
• Making representations and recommendations
• Being an advocate for the committee; and
• Support for committee when requested.

This role is more than just assisting with committee work but involves full autonomy and responsibility for the relevant area of the committee's work subject to normal line management direction.

And /or

Small Development Projects

A Tier 2 Legal Adviser with responsibility for small development projects will require the ability to organise and manage projects which have an impact on local courts and/or the impact on the legal process of the court or courts in the wider area.

Key responsibilities include:-

• The ability to set up the management of a small development project
• The ability to liaise effectively with all stakeholders
• The ability to plan the required process
• The ability to complete the appropriate documentation; and
• The ability to communicate information regarding the project

And /or

Local/Area Training Responsibility

The role of a Tier 2 Legal Adviser with the responsibility of Local/Area training, design and delivery will require the role holder to be regularly delivering training events to Magistrates and staff at a Local and Area level or they may also contribute as part of a wider team of trainers, under supervision, to deliver an organisational training programme. Legal Advisers involved with this level of responsibility will have been assessed as a competent Legal Adviser, and has met previous training objectives, with a depth of experience in the subject/topic area to be delivered. 

Key responsibilities will include:-

• Delivering knowledge and skills training to staff and magistrates
• Develop and support Tier 1 Trainers
• Assist in identifying future training needs and developing solutions as to how best to meet those needs.
• To be involved in the evaluation of programmes they deliver and provide feedback to the Judicial Studies Board and the business regarding the progress of programmes and the impact of programmes in the workplace; and
• Design training events for delivery to staff and magistrates.

Training

It is expected that a candidate appointed to a Tier 2 role would be fully functional in that role no later than 6 months from appointment.

Functions of the role

Undertaking main Tier 1 Functions plus expected legal specialisation

Undertaking additional Tier 2 practice areas:-

• Increased delegated powers/complex cases
• Personal responsibility for case management
• Panel/Committee Work
• Small development Projects
• Area/Local Training responsibility.

KNOWLEDGE AND SKILLS

Knowledge, skills and experience include Tier 1 skills:-

• Detailed knowledge of the legal and administrative functions of the court room
• Detailed knowledge of criminal and/or family law
• Ability to communicate effectively at all levels, both verbally and in writing.
• High level of interpersonal skills to develop and maintain effective relationships with staff, district judges, magistrates and court users, at all levels.
• Excellent organisational skills in order to manage the court room
• Ability to analyse problems and situations quickly and effectively; and
• Competent agreed IT use.

Additional skills required to meet the requirements of the additional practice areas in Tier 2;-

• Experience of exercising judicial discretion and pro-active case management
• Knowledge of rules and procedures relating to committees and panels
• Knowledge and skills relevant to their specialist expertise in a legal practice area
• Time Management
• Personal Management of workload
• Working as part of a team; and
• Project management skills.
• The capability to work across varying legal jurisdictions in HMCTS including Family, Reciprocal Enforcement, Tribunals, Confiscation and Proceeds of Crime.

Where relevant to the individuals practice area(s);-

• The ability to organise and manage small development projects
• Training skills to design, develop and evaluate local and area training programmes

PROBLEM SOLVING

The role-holder is required to advise in court for their assigned number of court sessions each week.

The nature and volume of work assigned to a court room is inherently unpredictable. A Tier 2 role holder is required to have an extensive legal understanding and knowledge of court procedures and the ability to research all aspects of law that may arise during the course of a hearing. A fully competent Tier 2 role holder must be capable of undertaking the most complex of cases conducted in the Magistrates' court.

DECISION MAKING

There are three main areas of decision making:

• Judicial,
• Legal and
• Administrative.

Judicial Decisions

The Justices' Clerk has discretion to delegate to the role holder a range of delegated powers. The range and extent of powers delegated to a Legal Adviser fall to the discretion of the Justices' Clerk.

Legal Decisions

Legal decisions include identifying the pertinent legal issues of a case which may arise in court, which may often be difficult or contentious. This may include identifying relevant statutes and case law and undertaking appropriate legal research, using IT and other resources to ensure soundly based outcomes are achieved.

Administrative Decisions

Administrative decisions include decisions that relate to progressing cases swiftly and effectively through the court process. This can include prioritising cases that have all parties and paperwork present, avoiding delays to witnesses; ensuring defendants held in custody are dealt with promptly, avoiding adjournment of cases, making the best use of the court time available and the resource of the bench and advocates present in the court room.

Out of Court Functions

Tier 2 Legal Adviser are required to participate in team administrative functions as directed by their Legal Team Manager.

Out of Hours

Tier 2 Legal Adviser will take responsibility for ensuring that they are equipped and able to participate in occasional courts and other out of hours responsibilities. A Tier 2 Legal Adviser will have the level of experience to deal with the full range and more complex out of hour's applications that need to be dealt with.

Advice to Others

Examples of information and advice provided by the post holder include:

• Advising the bench – Magistrates and District Judges during cases, - including the preparation of reasons for their decisions
• Ensuring unrepresented defendants understand the procedures to be followed, providing guidance as to the nature of the offence
• Providing advice and guidance to administrative members of staff in relation to all aspects of law and legal procedure
• Providing advice and guidance to other external organisations and members of the public in relation to all aspects of law and procedure
• Providing advice and guidance to colleagues in other courts who need immediate help on a point of law x Providing advice and guidance to both prosecution and defence advocates in relation to all aspects of law and legal procedure.
• Providing advice and guidance on various aspects of law and procedure to the Police.

MANAGEMENT OF RESOURCES

Financial and Other Resources

The post holder is not a budget holder but must ensure that they make effective use of time and resources.

Leadership and Team working

The post holder is a member of a team of Legal Advisers. It is likely that a Tier 2 Legal Adviser will be required to give advise to Tier 1 colleagues and other colleagues who may require advise specific to the role holder's specialist practice area. Legal Advisers are senior members of HMCTS and are expected to demonstrate the behaviours appropriate to a leader/manager

A Tier 2 role holder will not have line management responsibility.

Career Development

Tier 2 also has the opportunity, if there is a defined business need, to develop their career through one or more of the professional development career streams of 'Professional Services' and 'Edcuation', whilst also starting to develop their management skills if progression to the 'Management' route commencing in Tier 3 is aspired.

Career progression to Tier 3 will depend upon the ongoing performance of the role holder and business need. Recommendations in respect of succession planning and career development will be made by the Regional Legal Adviser Resource Committee (it is not expected that a Tier 2 Legal Adviser will be able to demonstrate competence in both Youth and Family Courts, in addition to competence in Adult Courts before securing appointment to a Tier 3 post).

The Regional Legal Adviser Resource Committee will have the responsibility to bench mark and make recommendations as to the number of posts required at each Tier allocated to the Region, depending upon staff turnover and business need.

It is expected that a Tier 2 Legal Adviser will assume the responsibility to become a mentor. Mentors will be required to Mentor Trainee Legal Advisers; Legal Advisers in Training; and other Legal Advisers who are in the process of developing their skills through the career structure. For this purpose it will relate to Legal Advisers within Tiers 1 and 2 or other Legal Advisers returning from career breaks, secondments etc.

Secondments

Within the Legal Adviser Career Structure, a Tier 2 Legal Adviser has the opportunity to apply for and be considered for legal and non-legal secondments within the wider departments of HMCTS, MoJ and other Government Agencies.

Judicial Appointment

Within the Legal Adviser Career Structure a Tier 2 Legal Adviser has the opportunity to apply for and be considered for Judicial Appointment

Additional information:

The principal address for the Ministry of Justice is 102 Petty France, London, SW1H 9AJ.

You will be based at one location within the Clerkship. You may however be required to travel to a different location across business/functional areas, within reasonable distance and travel time on a non-permanent basis.

When this happens it will be principally to cover short-term requirements at other locations.

Temporary transfers will be for no longer than one month, unless specified at appointment. As these sometimes occur at short notice or for short periods, any representations you may raise can be heard by appeal by the line manager of your manager. If there is to be a short-term move your manager will discuss the basis of this with you, in accordance with The Managing Organisation Change framework, which can be found on the Ministry's Intranet.

Any permanent moves will be dealt with in accordance The Managing Organisational Change Framework, which can be found on the Ministry's Intranet.

This job description is a guide to the principal current duties of the post. It is not an exhaustive list of the duties and responsibilities of the post and the postholder may be required to undertake any other duties from time to time that are commensurate with the seniority and nature of the post.

Closing Date: 26th September 2017 at 23:55 hours

If you require any assistance please call 0845 241 5359 (Monday to Friday 8am - 6pm) or e mail Moj-recruitment-vetting-enquiries@sscl.gse.gov.uk Please quote the job reference.