Selection Criteria for Extradition Panel - Level 2

Introduction

Entry to the CPS Extradition Specialist Panel at Level 2 is through this application process and is open to appropriately qualified barristers and solicitors who have a Higher Courts Advocacy qualification.

Generally, applicants will have in the region of 12 months’ recent extradition advocacy experience, but please note this is a guide, not a criterion. Whilst experience in specialisms is referred to in the form, allowance is made for the fact that it will be more difficult for level 2 applicants to show experience in a particular specialism. Applicants, are however, welcome to refer to specialisms in which they have an interest in gaining experience.

Level 2 Casework

Level 2 advocates will be required to perform any of the work of a level 1 prosecutor and in addition all straightforward extradition cases including Part 1 and simple Part 2 cases. Applicants must be able to demonstrate expert up to date legal knowledge relevant to extradition cases and demonstrate appropriate standards of oral and written advocacy (including the ability to deal with complicating factors such as expert evidence and complex points of evidence or law) and should have demonstrated the potential to appear as a junior in appropriate cases. They should be able to demonstrate that they are able to work well with others in this range of cases. Applicants should also have sufficient knowledge of the Extradition Act 2003, the Council Framework Decision of 13 June 2002 on the European Arrest Warrant, Title VII, Part Three, the Trade and Cooperation Agreement entitled ‘Surrender’ and the surrender procedure between member states to be able to deal with any issues raised in Level 2 cases.

Application requirements for Level 2

An application to join the Extradition Panel at Level 2 consists of the following documents:

• Completed Level 2 online application form including equalities monitoring questions (not part of the assessment)
• References from two (2) appropriate referees
• One (1) recent example of drafting e.g. skeleton argument, advice (maximum of five (5) pages) to be attached to 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 regarding references do not apply to upgrade level 2 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.

Level 2 applicants should provide two references. There is no requirement to submit a judicial reference in support of applications to join at Level 2.

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 2.

Examples of suitable referees for Level 2

• Pupil Master
• CPS lawyers
• Head of Chambers
• Chambers Advocacy Trainer
• 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.

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 2

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.

In order to score very highly applicants will be expected to demonstrate excellent standards against a range of competencies in respect of the type of casework listed in ‘Level 2 casework’, above, including:

Advocacy

• The ability to conduct extradition cases efficiently and effectively
• Advocacy skills for extradition cases including interim, initial and full extradition hearings, bail applications, witness handling and legal argument
• Sound understanding of the Extradition Act 2003 and relevant case law
• Appropriate use of language and questioning
• Ability to deal effectively with complicating factors such as expert evidence and complex points of evidence or law
• Acting appropriately to assist the court in the proper administration of justice, as required.

Advisory Work

• Able to routinely exercise sound judgement
• Demonstrates a thorough knowledge of law and practice and up to date knowledge of law relevant to extradition at this level
• Presents clear and succinct written arguments citing relevant authorities
• Able to develop a clear case strategy.

Other Relevant Knowledge, Skills and Experience

• The ability to prepare, prosecute and progress cases confidently and securely using digital technology
• Obtaining evidence from abroad, jurisdictional issues and human rights
• INTERPOL practices and procedures
• Roles and responsibilities of CJS partners involved in extradition proceedings.

Appreciation of the Role of CPS Panel Advocate

• A knowledge of ethical standards e.g. completion of the Advocacy & Ethics element of the New Practitioners’ Programme.
• Understanding and sensitivity to diversity and cultural issues, bringing challenge where appropriate
• A willingness to work as part of a team undertaking the type of work listed without compromising professional independence
• Familiarity with, and understanding of, CPS policy guidance including the Code for Crown Prosecutors
• An appropriate understanding of the professional relationship between the CPS, the courts and other law enforcement agencies and the advocate.