Selection Criteria for Extradition Panel - Level 3

Introduction

Entry to the CPS Extradition 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 to this panel will have at least 3-5 years’ substantial extradition experience and/or have substantial advocacy experience at level 2 (this is a guide, not a criterion).

Level 3 Casework

Level 3 advocates will be required to demonstrate that they are able to competently undertake any of the work of a Level 2 advocate as well as more serious and onerous extradition cases involving large volumes of material, legal expertise and leading cases. Level 3 advocates will also be expected to conduct straightforward extradition appeals in the Administrative Court. Applicants must also be able to demonstrate expert up to date legal knowledge relevant to such extradition cases 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 type of extradition case. 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 and the various extradition arrangements between the UK and other states.

Application requirements for Level 3

An application to join the Advocate 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, 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 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.

• Current or retired members of the full-time judiciary
• CPS lawyers
• 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? 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

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 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 extradition cases identified in ‘Level 3 casework’ above, often attracting national media attention.
• Highly developed advocacy skills for interim, initial and extradition hearings and legal argument, quoting relevant legislation and 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 cases
• Able to manage 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 knowledge of law and practice and up to date knowledge of law and cases relevant to extradition cases at this level
•  Drafts concise Requests for Further Information and advices for further material, even in complex cases or addressing complex law, evidence or procedure
• Presents clear and succinct relevant written submissions demonstrating expertise.

Other Relevant Knowledge, Skills and Experience

• The ability to prepare, prosecute and progress cases confidently and securely using digital technology
• Law and procedure for 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 an extradition team undertaking the type of work listed in ‘Level 3 Casework’ above 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