Selection Criteria for Extradition Panel - Level 1

Introduction

This entry level is intended to be a testing ground for the identification of suitable counsel who are able to have conduct of extradition proceedings on behalf of the CPS.

The criteria for level 1 are 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 as extradition advocates for the CPS, in order to progress to higher levels.

For entry to the Extradition Panel, Level 1 applicants must provide demonstrable evidence in respect of one of the following:

• the ability to skilfully handle complex issues which frequently face prosecution advocates, including advice on charges, difficult disclosure issues, and vulnerable victim and witness handling in serious cases at the magistrates’, Youth or Crown courts.
• Conduct of recent and regular extradition advocacy at Westminster Magistrates’ Court
• Successful completion of the CPS Extradition Unit’s fast track training course.

Training requirements

Prior to appointment to the Panel, applicants will also be required to complete five consecutive days shadowing with the CPS Extradition Unit at Westminster Magistrates’ Court and then complete two observed full day court sessions. These court sessions will be observed by a Legal Manager from the CPS Extradition Unit.

The first observed court session will be in Court 3 where the applicant will be expected to deal with new extradition cases. The second observed session will assess the applicant’s ability to cover a full day’s list of contested extradition hearings. The Legal Manager must be provided with the applicant’s opening note for all contested hearings before they  commence.

Applicants must make themselves available to complete the two observed sessions within six weeks of shadowing the CPS Extradition Unit.

Applicants who have completed the CPS Fast Track extradition training will be exempt from shadowing the Extradition Unit for five days. However, they will still be subject to one observed court session before admission to the list.

Level 1 Casework

Successful Level 1 applicants will be expected to cover a wide range of extradition work at Westminster Magistrates’ Court. This will involve initial hearings, video link remands, bail applications and case management reviews conducted with the general supervision and support of an experienced CPS prosecutor. Once they have successfully conducted a range of such hearings, successful applicants may progress to covering straightforward contested extradition hearings as part of their learning and development. Advocates may also be instructed to cover appeals against the grant of bail at the High Court.

By conducting this variety of hearings, it is envisaged that Level 1 advocates will develop their skills and experience, thus providing them with demonstrable evidence of their suitability to progress to Level 2 should they wish to apply for upgrade.

Application requirements for Level 1

An application to join the Extradition Panel at Level 1 consists of the following documents:

• Completed Level 1 online application form including equalities monitoring questions (not part of the assessment)
• A reference from an appropriate referee

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.

Applicants for level 1 should provide one reference. An appropriate referee might be a CPS lawyer, head of chambers or a chambers advocacy trainer who has seen the applicant perform advocacy.

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.

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? Examples can be given of difficulties faced and how they were overcome.

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 1

The criteria for assessment will be:

• Advocacy
• Advisory Work
• Other relevant knowledge, skills and experience (including relevant defence experience)
• Appreciation of the CPS Advocate’s role in extradition proceedings.

Applicants for Level 1 will be expected to demonstrate the following:

Advocacy

• Completion of pupillage with three or more years' post qualification experience. Solicitors will be required to have three or more years' post higher rights experience.
• One of the following:
  • The ability to conduct complex prosecution advocacy with issues such as disclosure, vulnerable victims and witnesses or abuse of process arguments in serious magistrates’, Youth or Crown court cases.
  • Conduct of recent and regular extradition advocacy at Westminster Magistrates’ Court.
  • Successful completion of the CPS Fast Track extradition training course along with the date of attendance.

Advisory Work

• The ability to conduct prosecution advisory work in respect of all serious magistrates’, Youth or Crown court cases. This must include providing advice on charges. It is also desirable if the same example/s touches upon one or all of the following:
  • Disclosure
  • Admissibility of evidence
  • Abuse of process 
• Alternately, successful completion of the CPS Fast Track extradition training course along with the date of attendance.

Other Relevant Knowledge, Skills and Experience

• The ability to prepare, prosecute and progress cases confidently and securely using digital technology
• Compensating strength in other factors
• Relevant defence, regulatory or immigration work of an equivalent level, if any.

Appreciation of the Role of CPS Panel Advocate

• Demonstrable knowledge of ethical standards
• Demonstrable knowledge of CPS Values 
• A willingness to work as part of a prosecution team without compromising professional independence 
• A clear and thorough understanding of the professional relationship between the CPS Extradition Unit, foreign governments and judicial authorities.
• A clear understanding of the fundamental differences between the work of the CPS in criminal cases and in extradition cases.