Selection Criteria for Proceeds of Crime - Level 3

Introduction

Entry to the CPS Proceeds of Crime Specialist 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 will have in the region of seven years proceeds of crime advocacy experience, but please note this is a guide, not a criterion.

Application Requirements for Level 3

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

• Completed Level 3 online application, 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 but should ensure 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.

Level 3 applicants should provide two references (at least one should be from a member of the full-time judiciary)

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
• Head 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 and / or civil proceeds of crime 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 2 specialist proceeds of crime advocate and in more serious and onerous proceeds of crime applications under the Proceeds of Crime Act 2002 (including civil proceeds of crime proceedings), Criminal Justice Act 1988 (and as amended) and the Drug Trafficking Act 1994 before the magistrates’ court, Crown Court and High Court. 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 applications and proceedings 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, Criminal Justice Act 1988 (and as amended) and the Drug Trafficking Act 1994 to be able to deal with the confiscation issues raised in Level 3 prosecutions.

Assessment Criteria

The criteria headings for assessment will be:

• Advocacy
• Advisory Work
• PII and disclosure
• Other relevant knowledge, skills and experience
• Appreciation of the role of CPS Panel Advocate

In order to score highly applicants will be expected to demonstrate excellent standards against a range of competencies in respect of the type of casework listed above in 'Casework at Level 3', including:

Advocacy

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

Advisory Work

• The exercise of consistently sound judgement and case management strategies 
• Demonstrates a strong and up-to-date knowledge of criminal and civil law and practice relevant to proceeds of crime applications at this level
• Up-to-date knowledge of the criminal and civil procedure relevant to proceeds of crime proceedings at this level, including criminal procedural rules, civil procedural rules, practice directions 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 Public Interest Immunity
• Ability to handle sensitive matters in relation to investigation techniques 
• Understands disclosure requirements even in the context of complex investigations and evidential situations in criminal and civil litigation

Other Relevant Knowledge, Skills and Experience

• The ability to prepare, prosecute and progress cases confidently and securely using digital technology
• Obtaining and using evidence from abroad, jurisdictional issues, human rights considerations, in criminal and civil proceeds of crime proceedings
• Sufficient knowledge of CJA 1988, DTA 1994 and POCA 2002 to be able to handle criminal and /or civil proceeds of crime proceedings as it may arise in any of the cases which fall within their competency
• Relevant defence work of an equivalent level, if any

Appreciation of the Role of CPS Panel Advocate

• 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, Confiscation Orders - Guidance for Prosecutors on the exercise of their discretion, the Farquharson Guidelines and policies in respect confiscation
• An appropriate understanding of the professional relationship between the CPS, the police and the advocate 
• Able to lead a prosecution team and manage the strategic direction of the case