Selection Criteria for Counter Terrorism - Level 4

Introduction

Entry to the CPS Counter Terrorism Advocate Panel at Level 4 is through this application process and is open to appropriately qualified barristers and solicitors who have a Higher Courts Advocacy qualification.

Generally, applicants to this panel have at least ten years advocacy experience (this is a guide, not a criterion).

Advocates on the Counter Terrorism Specialist Panel advise on and prosecute serious and sensitive casework on behalf of the Counter Terrorism Division relating to:

1. Terrorism;
2. Incitement to racial and religious hatred;
3. Stirring up hatred based on sexual orientation;
4. War crimes and crimes against humanity;
5. Official secrets cases; and
6. Piracy and hijacking.

Application Requirements for Level 4

An application to join the Counter Terrorism Panel at Level 4 consists of the following documents:

• Completed Level 4 online application form including equalities monitoring questions (not part of the assessment).
• References from three (3) appropriate referees (At least one reference, but no more than two, should be from members of the full-time judiciary. Applicants with significant prosecuting experience should provide at least one reference from an instructing lawyer. However, if you have not undertaken a significant amount of prosecuting work and are unable to supply such a reference, this does not prevent you from applying).
• Two (2) recent examples of drafting e.g. skeleton argument, advice, etc. Each document should be no more than five (5) pages and should be attached to the online application. Applicants can use extracts from longer documents, as long as context is provided. Supporting documents must not include the applicant’s name. Applicants should take care to ensure this is removed from the bottom of the document.

Please note: The above requirements do not apply to upgrade level 4 applications. Please refer to the separate upgrade applications guidance for full details.

References

Reliance will be placed on the references and referees should be chosen with care. It is the applicant’s responsibility to ensure that all references are submitted to the CPS in accordance with the guidance by the deadline date for submission. Failure to submit the correct number of references will result in the application not being considered.

References can be obtained from any person whom the applicant believes best supports their application and is prepared to stand as a referee. The list below provides examples of suitable referees for level 4.

Level 4

• Current or retired members of the full-time judiciary
• Members of the part-time judiciary
• Heads of Chambers
• Instructing Solicitors
• Leading or opposing advocates
• Lawyers from the CPS or other prosecuting authorities
• Advocacy Assessors

Evidence of competency

Applicants should provide details of their knowledge, skills and experience on the application form under each heading. They should provide relevant examples based on criminal casework with specific reference cases advised on and prosecuted by the Counter Terrorism Division, where available. In the absence of such, applicants are expected to demonstrate relevant experience and skills drawn from defence advocacy in cases dealt with by the Counter Terrorism Division or other comparable cases e.g. those involving complex undercover operations / sensitive PII issues in relation to drugs or organised crime.

When providing evidence to support their application, applicants should clearly state what role they played. For example, if they were led, what was their contribution to the case? In PII applications, what was the point they had to argue? Examples can be given of difficulties faced and how they were overcome.

Applicants should also indicate at what level they have security clearance, if at all, and, if not, indicate a willingness to undertake such a process.

Under no circumstances should an applicant include sensitive case information that can be linked to a specific case or individual. For example, providing a case/defendant/witness name and confirmation that the matter involved a CHIS, protected witnesses, ex parté application or other sensitive hearing. Please refer to the Sensitive Identifying Case Information section on the main Advocate Panels page for further guidance.

Selection Requirements for Level 4

Casework at level 4

Level 4 advocates will be required to demonstrate that they can competently prosecute all Counter Terrorism Division cases where a junior advocate alone is instructed in the Crown Court and beyond, whatever the issues and whatever the number of defendants. They will be expected to handle serious, complex, novel and difficult points of law and fact, often with an international dimension sometimes in opposition to leading counsel for the defence. They will be expected to demonstrate a consistently high quality of work whether working alone, with a second junior, or when led. In addition, they will have shown their ability in relation to sensitive issues relating to effective workings of one or more law enforcement or intelligence agencies, witnesses (e.g. where special measures employed) and in handling complex witness issues. They must demonstrate expert up to date legal knowledge relevant to such prosecutions and appropriate standards of oral and written advocacy. They will be expected to handle a wide range of Appellate and Administrative Court work. They should be able to demonstrate that they are able to work well with others in this range of prosecutions. Applicants should also be able to deal with the most complex issues involving confiscation orders under the Proceeds of Crime Act 2002.

In order to score very highly applicants will be expected to demonstrate a range of competencies to excellent standards in respect of the breadth of casework expected to be undertaken at level 4, including:

Advocacy

• The ability to conduct highest quality advocacy in the range of cases identified above, often of the utmost gravity
• A superior grasp of trial advocacy skills for sensitive, high profile jury trials in the Crown Court including opening, closing, witness handling and legal argument often in complex multi-handed cases
• Ability to deal with highly complicating factors such as RIPA 2000, abuse of process, special measures, presenting or challenging complex and /or voluminous expert evidence and difficult or sensitive issues of law and/ or fact
• Presents highly proficient submissions to a standard of excellence before any tribunal including the Crown Court and Higher Courts
• Able to lead a prosecution case with skill and diplomacy in the face of hostile opponents
• A fluid, articulate and intuitive advocate

Advisory Work

• Able to present highly proficient written submissions to a standard of excellence
• The exercise of consistently sound judgement including where under pressure
• Demonstrates expertise in law and practice and up-to-date knowledge of law relevant to prosecutions at this level
• Assimilates the relevance of evidence quickly, even when working with voluminous or complex evidence.

PII and disclosure

• In-depth understanding of the disclosure regime and principles of Public Interest Immunity and Legal Professional Privilege
• Ability to handle complex and sensitive third party and PII issues
• Able to lead disclosure lawyers/officers and to plan and implement an effective disclosure strategy
• An ability to deal with complex investigative techniques

Other Relevant Knowledge, Skills and Experience

• The ability to prepare, prosecute and progress cases confidently and securely using digital technology
• The ability to conduct confiscation hearings in any of the proceedings in which the applicant may be instructed at Level 4
• Obtaining and using evidence from abroad, jurisdictional issues, human rights, restraint and confiscation
• 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
• Relevant defence or regulatory work of an equivalent level, if any

Appreciation of the Role of a CPS Panel Advocate

• Acts as a role model for others
• Knowledge of ethical standards and a leader on issues of diversity and difference
• Comprehends and successfully leads cases of the utmost gravity, complexity and sensitivity
• Familiarity with, and understanding of, CPS policy guidance including the Code, the Farquharson guidelines and policies in respect of victims and witnesses, hate crime and violence against women and girls
• An appropriate understanding of the professional relationship between the CPS, the police, other agencies, Government Departments, and the advocate, particularly in cases where there has been lengthy and complex police investigations.