Selection Criteria for Fraud Panel - Level 3

Introduction

Entry to the CPS Specialist Fraud Advocate Panel at Level 3 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 seven years' advocacy experience (this is a guide, not a criterion). 

Application Requirements for Level 3

An application to join the Fraud Panel at Level 3 consists of the following documents:

• Completed Level 3 online application form including equalities monitoring questions (not part of the assessment).
• References from two (2) appropriate referees (at least one from a member of the full-time judiciary).
• 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, provided 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 3 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 3.

Level 3

• 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.

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.

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 3

Casework at level 3

Level 3 advocates will be required to demonstrate that they are able to competently undertake any of the work of a Level 3 General Crime advocate and jury trials in more serious and onerous fraud prosecutions involving large volumes of material, international enquiries, disclosure challenges including the handling of sensitive material and PII applications; legal expertise in benefit fraud, tax evasion and money laundering, and multi-handed prosecutions of up to four defendants. Level 3 advocates will also be expected to conduct straightforward appeals in the Divisional Court and Court of Appeal. Applicants must also be able to demonstrate expert up to date legal knowledge relevant to such prosecutions and appropriate standards of oral and written advocacy. They should be able to demonstrate that they are able to work well with others in this range of prosecutions. Applicants should also have sufficient knowledge of the Proceeds of Crime Act 2002 to be able to deal with the confiscation issues raised in Level 3 prosecutions.

Assessment Criteria

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 3, including:

Advocacy

• The ability to conduct advocacy in the range of fraud cases identified in ‘casework at level 3’ above, often attracting local media attention
• Highly developed trial advocacy skills for jury trials in the Crown Court including opening, closing, sensitive witness handling and legal argument, quoting relevant key authorities
• Ability to deal with complicating factors such as abuse of process, presenting or challenging complex expert evidence and difficult or sensitive issues of law and/ or fact
• Ability to undertake advocacy in complex and voluminous multi-handed cases, and is able to effectively direct and manage a number of participants in the courtroom
• Able to manage extremely sensitive cases reliably, including cases with child or vulnerable witnesses
• Ability to be an effective led junior

Advisory Work

• The exercise of consistently sound judgement and case management strategies
• Demonstrates a strong knowledge of law and practice and up to date knowledge of law relevant to prosecutions at this level
• Up to date knowledge of the law relevant to prosecutions at this level, including criminal procedural rules and evidential rules
• Presents coherent skeleton arguments even in complex cases or addressing complex law, evidence or procedure
• Presents clear and succinct relevant written submissions demonstrating expertise

PII and disclosure

• In-depth understanding of the disclosure regime and principles of CPIA, AG6, Public Interest Immunity, Legal Professional Privilege, RIPA and IPA
• Ability to handle sensitive matters in relation to investigation techniques
• Understands disclosure requirements even in the context of complex investigations and evidential situations

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 3
• 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

• A knowledge of ethical standards e.g. completion of the Advocacy & Ethics element of the New Practitioners’ Programme
• Understanding of diversity and cultural issues and proactive in addressing the needs of people from all backgrounds
• A willingness to work as part of a prosecution team undertaking the type of work listed at ‘casework at level 3’ above without compromising professional independence
• 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 law enforcement agencies and the advocate
• Able to lead a prosecution team and manage the strategic direction of the case