Advocate Panel Scheme 2020-2024: 2020 Refresh Guidance – General Crime and the Rape and Serious Sexual Offences List (RASSO List)
Rape and Serious Sexual Offences List (RASSO List)This document sets out the arrangements relating to the 2020 refresh of the CPS Advocate Panel in respect of General Crime and the Rape and Serious Sexual Offences List (‘the 2020 Panel’).
Background
The CPS Advocate Panel arrangements were established in 2012 as a time limited list of quality assured advocates to undertake criminal prosecution advocacy for CPS in the Crown Court and Higher Courts.
The Advocate Panel is refreshed every four years to ensure that members have the relevant, up to date skills and experience to enable them to deliver high quality prosecution advocacy services and remain committed to meeting the aims and objectives of the CPS.
In addition to the General Crime and the Rape and Serious Sexual Offences List (RASSO List), the CPS has separate arrangements relating to the central Specialist Panels, which run from 2018 to 2022 and relate to the following areas of casework:
- Counter Terrorism Panel
- Extradition Panel
- Fraud Panel (including fiscal fraud)
- Serious Crime Group Panel
- Proceeds of Crime Panel
Aim of the Refresh
The 2020 Advocate Panel for General Crime and the Rape and Serious Sexual Offences List (RASSO List) will operate from 2020 to 2024.
The document Details of the 2020 Advocate Panel scheme describes the aims and purpose of the 2020 Panel and how it will operate.
The 2020 Panel provides an opportunity to refresh the 2016 Panel whilst acknowledging the contribution made by existing Panel members who actively prosecute for CPS. It also allows CPS to restate the expectations of Panel members, as detailed in the Advocate Panel Members’ Commitment.
The exercise to refresh the 2016 Panel does not in itself provide an opportunity for new advocates to join. That is provided through the annual application/upgrade window each September. Prospective new applicants at level 2, 3 or 4 can apply to join the Panel during the annual application window each September. New applicants to join at level 1 or the Rape list can apply to join at any time.
Similarly, this exercise does not provide an opportunity for existing Panel members to be upgraded. Advocates invited to join the 2020 Panel can apply to be upgraded during the annual application window in September.
The description of the 1 to 4 levels and the assessment criteria remain unchanged from the 2016 Panel. This consistency of approach provides an opportunity for panel members who had been previously assessed as meeting the selection criteria and have been actively prosecuting for CPS to be appointed to the 2020 Panel by way of invitation, without the need to submit a new application. The invitation process is described below.
Transition to the 2020 Panel
Transition to the 2020 Panel can be made in one of the following ways:
a. Invitation from the CPS to join the Panel
b. Application to join the Panel during the September application window
All members of the 2016 Panel will be sent an email by 31 January 2020 explaining whether they will be invited onto the 2020 Panel or will have to apply to re-join.
When contacting Panel members, the CPS will use the latest contact email address provided by the Panel member or their chambers. Contact email addresses are reviewed and updated annually by the Advocate Panel team. CPS cannot be responsible for failing to contact Panel members who have not provided or updated their email contact details. Members of the 2016 Panel who do not receive an email from CPS by 29 February 2020 must contact CPS because it is possible that their contact details are not up to date.
Timetable
The timetable for the 2020 refresh will be as follows:
| Completion date | Action |
|---|---|
| 31 January 2020 | Issue invitations to join the 2020 Panel |
| 31 January 2020 | Inform members who are not invited to join 2020 Panel |
| 29 February 2020 | Invitations to join the 2020 Panel accepted |
| 31 March 2020 | Appeals against non-invitation |
| 30 April 2020 | Resolve appeals against non-invitation |
| 1-30 September 2020 | 2020 annual application/upgrade window open |
| 31 December 2020 | Applicants notified of 2020 application window result |
| 31 December 2020 | 2016 Panel list withdrawn |
Invitation to join the 2020 Panel
Members of the 2016 Panel deemed to be active prosecutors for CPS will be invited to join the 2020 Panel at their current level without having to make a new application. Appointment to the 2020 Panel by invitation will be subject to members agreeing to comply with the Advocate Panel Members’ Commitment.
For the purpose of this exercise, members of the 2016 Panel will be deemed to be active at levels 1, 2, 3 or 4 using the earnings threshold of fee related payments made by CPS as a proxy measure for activity. The criteria to be applied will be as follows:
| Level/List | Earnings threshold | Description |
|---|---|---|
| 4 | £50,000 or more | Cumulative CPS fee payments during 2018 and 2019 |
| 3 | £30,000 or more | Cumulative CPS fee payments during 2018 and 2019 |
| 2 | £10,000 or more | Cumulative CPS fee payments during 2018 and 2019 |
| 1 | £1 or more | CPS fees payments for Crown Court work during 2018 and 2019 |
| Rape list | £20,000 or more | Cumulative CPS fee payments under graduated fee scheme (GFS) offence categories D (sexual assault) and J (rape and serious sexual assault) during 2018 and 2019 |
Furthermore, 2016 Panel members recently appointed to a level will be invited to continue at that level on the 2020 Panel regardless of meeting the relevant earnings threshold, in accordance with the following criteria:
a) Advocates who were appointed to the Panel at level 1 during 2018 or 2019
b) Advocates who were appointed to the Panel at level 2, 3 or 4 during 2018 or 2019 (except those appointed as temporary members)
c) Advocates who were appointed to the Rape List during 2018 or 2019, subject to the conditions related to the Rape List four paragraphs below.
Advocates receiving an invitation to join the 2020 Panel will be asked to respond by 29 February 2020 to confirm they accept the invitation and agree to comply with the Advocate Panel Members’ Commitment. On receipt of the acceptance and agreement the advocate will be included on the 2020 Panel at their current level.
If an advocate fails to accept an invitation they will need to submit an application to join the 2020 Panel during the September application window and will be subject to the full assessment process. If they fail to make an application to join the 2020 Panel in September they will cease to be an Advocate Panel member when the 2016 Panel list is withdrawn at the end of December 2020.
Advocates who join the 2020 Panel by way of invitation who are seeking to be upgraded can apply for an upgrade during the annual application/upgrade window, which will take place during September 2020.
Members of the 2016 Panel at level 3 or 4 and on the Rape list must be aware that the criteria for being active at levels 3 and 4 will be assessed separately to the criteria for being an active Rape list advocate. Therefore, an Advocate could be invited to join the Panel at level 3 or 4 but might have to apply again to join the Rape list. Equally, any invitation to continue on the Rape List will be conditional upon the Panel member securing a place at level 3 or 4, either through invitation or application.
Appeals against non-invitation
Members of the 2016 Panel who fail to meet the criteria for being active for good reason will be able to appeal against non-invitation.
In support of their appeal they should make reference to the total value of fee related payments made to them by CPS in 2017. If this is not possible, for example if they have been absent from work for a significant period of time during 2017, members should make reference to the total value of fee related payments made to them by the CPS for the most recent period possible, together with an explanation of reduced income for the intervening period.
The criteria for invitation to the 2020 Panel will be waived where Panel Members can demonstrate that they could not have met the criteria because of any of the following reasons:
- Pregnancy
- maternity or paternity leave
- illness
- family, caring or personal reason, or
- any other materially significant absence from practice over the relevant period.
It should be noted that failure to meet the relevant criteria because the Panel member has been undertaking other work during the relevant period e.g. work in criminal defence or for other prosecuting agencies, is not sufficient reason to appeal against non-invitation.
Application to join the 2020 Panel
The first opportunity to join the 2020 Panel at levels 2, 3 or 4 will be during the annual application window in September 2020. Level 1 applications can be submitted at any time. Applications to join the Rape list can be made at any time, subject to being a member of the 2020 Panel at level 3 or 4.
Existing permanent members of the 2016 Panel - Members of the 2016 Panel who do not meet the active prosecutor criteria will not be invited to join the 2020 Panel. This will be confirmed by email by 31 January 2020 when they will be advised they will need to submit an application to join the 2020 Panel in the annual application window.
Temporary members - any Panel member with temporary membership status will need to submit a full application to join the 2020 Panel during the annual application window in September. All current temporary memberships will come to an end when the results of the September 2020 application exercise are published in December 2020.
Prospective New Members - advocates who are not members of the 2016 Panel but are seeking to join the 2020 Panel at levels 2, 3 or 4 can apply to join during the annual application window in September. Advocates who seek to join at level 1 can do so at any time.