Selection Criteria for Extradition Panel - Level 4

Introduction

Entry to the CPS Extradition Specialist 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.

Applicants to this level will generally have in the region of ten years’ extradition advocacy experience and/or substantial experience as a level 3 advocate (this is a guide, not a criterion).

Level 4 Casework

Level 4 advocates will be required to demonstrate that they can competently conduct extradition proceedings in cases where a junior advocate alone is instructed in Westminster Magistrates’ Court and the Administrative Court, whatever the issues. They will be expected to handle serious, novel and difficult points of law and fact, 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. They must demonstrate expert up to date legal knowledge relevant to complex extradition cases. They will have appropriate standards of oral and written advocacy and experience of handling and leading voluminous and complex cases. They will be expected to handle a wide range of appellate work, including judicial review proceedings. They should be able to demonstrate that they are able to work well with others in this range of extradition cases.

Application requirements for Level 4

An application to join the Extradition 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. 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.

• Current or retired members of the full-time judiciary
• Members of the part-time judiciary
• Heads of Chambers
• CPS lawyers
• 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 4

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 a range of competencies to an excellent standard 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 extradition cases identified above, often of the utmost gravity
• A superior grasp of advocacy skills for sensitive, high-profile and complex extradition cases including legal argument
• Able to deal with highly complicating factors such as presenting or challenging complex and/or voluminous evidence, expert reports and difficult or sensitive issues of law and/or fact
• Able to present highly proficient submissions to a standard of excellence before any tribunal
• Able to lead an extradition 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
• Able to demonstrate consistently sound judgement
• Able to demonstrate expertise in law and practice and up-to-date knowledge of law relevant to extradition cases at this level
• Able to assimilate the relevance of material quickly, in particular when working on voluminous and or complex cases.

Other Relevant Knowledge, Skills and Experience

• The ability to prepare, prosecute and progress cases confidently and securely using digital technology
• Law and procedures for obtaining material from abroad, jurisdictional and human rights issues
• In depth understanding of the roles and responsibilities of CJS partners involved in extradition proceedings.

Appreciation of the Role of CPS Panel Advocate

• Acts as a role model for others
• In depth knowledge and application of ethical standards
• Comprehends and successfully leads cases of the utmost gravity, complexity and sensitivity
• Familiarity with, and understanding of, CPS policy guidance including the Code for Crown Prosecutors
• Clear understanding of the professional relationship between the CPS, the courts and other law enforcement agencies and the advocate