Selection Criteria for Fraud Panel - Level 2

Introduction

Entry to the CPS Specialist Fraud Advocate Panel at Level 2 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 12 months' trial advocacy experience, but please note this is a guide, not a criterion. While experience in specialisms is referred to in the form, allowance is made for the fact that it will be more difficult for level 2 applicants to show experience in a particular specialism. Applicants, are however, welcome to refer to specialisms in which they have an interest in gaining experience.

Application Requirements for Level 2

An application to join the Fraud Panel at Level 2 consists of the following documents:

• Completed Level 2 online application form including equalities monitoring questions (not part of the assessment).
• References from two (2) appropriate referees.
• 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.

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 2 applicants should provide two references. There is no requirement to submit a judicial reference in support of applications to join at Level 2.

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 2.

Level 2

• Pupil Master
• Heads of Chambers
• Chambers Advocacy Trainer
• 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 2

Casework at level 2

Level 2 advocates will be required to perform any of the work of a Level 2 (General Crime) advocate and, in addition, straightforward non-jury work in the Crown Court and magistrates’ court trials involving benefit fraud, Fraud Act offences and strict liability tax offences. Applicants must be able to demonstrate expert up to date legal knowledge relevant to such prosecutions and demonstrate appropriate standards of oral and written advocacy (including ability to deal with complicating factors such as expert evidence, disclosure/PII issues, confiscation and points of evidence or law) and should have demonstrated potential to appear as a junior in appropriate cases. 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 any confiscation issues raised in Level 2 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 2, including:

Advocacy

• The ability to conduct trial advocacy efficiently and effectively in the range of fraud cases identified above in ‘Casework at level 2’ 
• Trial advocacy skills for jury trials in the Crown Court including opening, closing, witness handling and legal argument
• Sound understanding of evidential and criminal procedure rules, hearsay, bad character etc.
• Appropriate use of language and questioning
• Ability to deal effectively with complicating factors such as special measures, expert evidence and points of evidence or law
• Acts appropriately to assist the court in the proper administration of justice, as required.

Advisory Work

• Routinely exercises sound judgement
• Demonstrates a thorough knowledge of law and practice and up to date knowledge of law relevant to prosecutions at this level
• Presents clear and succinct written arguments citing relevant authorities
• Able to develop a clear case strategy.

PII and disclosure

• An understanding of the principles of AG6, PII and CPIA and ability to put those principles in practice in fraud cases relevant to Level 2
• Accurately identifies evidence that should be disclosed and that affects the prosecution decision
• Able to deal with sensitive PII issues.

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 2
• Obtaining and using evidence from abroad, jurisdictional issues, human rights, restraint and confiscation
• 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.
• Acts appropriately when handling issue of diversity or difference
• A willingness to work as part of a prosecution team undertaking the type of work listed in ‘Casework at Level 2’ 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.