Selection Criteria for Proceeds of Crime - Level 2

Introduction

Entry to the CPS Proceeds of Crime Specialist 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' proceeds of crime advocacy experience, but please note this is a guide not a criterion.

Application Requirements for Level 2

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

• Completed Level 2 online application, 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 the 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.

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 Supervisor
• 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 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 2

Casework at Level 2

Level 2 specialist proceeds of crime advocates will be required to perform any of the work of a Level 1 advocate on the General Crime list and, in addition, should have sufficient knowledge of the Proceeds of Crime Act 2002 to deal with straight forward restraint order and confiscation order applications (including ancillary orders thereto), applications to vary confiscation orders downwards or upwards and straightforward applications to appoint an enforcement receiver. Applicants must be able to demonstrate appropriate standards of oral and written advocacy (including ability to deal with complicating factors such as expert evidence, significant disclosure/PII issues, and complex 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 to deal with any confiscation issues raised in Level 2 prosecutions, including third party determinations. Experience of civil proceeds of crime casework is desirable but not essential.

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 2”, including:

Advocacy

• The ability to conduct advocacy efficiently and effectively in the range of cases identified in ‘Casework at Level 2’ above
• Contested advocacy skills for proceeds of crime applications 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 sensitive unused material, concealment and third party issues
• 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 PII and disclosure and ability to put those principles in practice in cases relevant to Level 2
• Accurately identifies evidence that should be disclosed
• 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
• Obtaining and using evidence from abroad, jurisdictional issues, human rights considerations, in proceeds of crime proceedings

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
• 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 above in “Casework at Level 2” 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.