Selection Criteria for Proceeds of Crime - Level 4

Introduction

Entry to the CPS Proceeds of Crime Specialist Panel at Level 4 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 ten years proceeds of crime advocacy experience, but please note this is a guide, not a criterion.

Application Requirements for Level 4

An application to join the Proceeds of Crime Panel at Level 4 consists of the following documents:

• Completed Level 4 online application, including equalities monitoring questions (not part of the assessment).
• References from three (3) appropriate referees (At least one reference, but no more than two, should be from members of the full-time judiciary. Applicants with significant prosecuting experience should provide at least one reference from an instructing lawyer. However, if you have not undertaken a significant amount of prosecuting work and are unable to supply such a reference, this does not prevent you from applying)
• Two (2) recent examples of drafting e.g. skeleton argument, advice, etc. Each document should be no more than five (5) pages and should 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.
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 4

Level 4

• Current or retired members of the full-time judiciary
• 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 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 4

Casework at Level 4

Level 4 advocates will be required to demonstrate that they can competently prosecute all 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 cases where a junior advocate alone is instructed in the magistrates’ court, Crown Court and beyond, whatever the issues and whatever the number of defendants. They will be expected to handle serious, novel and difficult points of law and fact, sometimes in opposition to leading counsel for the defence. They will be expected to demonstrate a consistently high quality of work whether working alone, with a second junior, or when led. In addition, they will have shown their ability in relation to sensitive issues and in handling complex witness issues. They must demonstrate expert up to date legal knowledge relevant to such proceeds of crime proceedings and appropriate standards of oral and written advocacy. They will be expected to handle a wide range of Appellate and Administrative Court work. They should be able to demonstrate that they are able to work well with others in this range of proceedings. Applicants should also be able to deal with the most complex issues involving confiscation orders under the Proceeds of Crime Act 2002, Criminal Justice Act 1998 (and as amended), the Drug Trafficking Act 1994 and civil cases under the Proceeds of Crime Act 2002.

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 4', including:

Advocacy

• The ability to conduct highest quality advocacy in the range of cases identified above, often of the utmost gravity
• A superior grasp of trial advocacy skills for sensitive, high profile proceeds of crime proceedings in the magistrates’ court, Crown Court and High Court including opening, closing, witness handling and legal argument often in complex multi-handed cases
• Ability to deal with highly complicating factors such as presenting or challenging complex expert evidence and difficult or sensitive issues of law and / or fact 
• Present highly proficient submissions to a standard of excellence before any tribunal including the Crown Court and Higher Courts 
• Able to lead a prosecution case with skill and diplomacy in the face of hostile opponents 
• A fluid articulate and intuitive advocate

Advisory Work

• Able to present highly proficient written submissions to a standard of excellence 
• The exercise of consistently sound judgement 
• Demonstrates up-to-date expertise in law and practice and up-to-date knowledge of procedure relevant to criminal and civil proceedings at this level
• Assimilates the relevance of evidence quickly, even when working with voluminous or complex evidence

PII and disclosure

• In-depth understanding of the disclosure regime and principles of Public Interest Immunity.
• Ability to handle complex and sensitive PII issues 
• Able to lead disclosure lawyers / officers and to plan and implement an effective disclosure strategy 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 confiscation or civil recovery to be able to handle confiscation or civil recovery 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

• Acts as a role model for others
• Knowledge of ethical standards and a leader on issues of diversity and difference. 
• Comprehends and successfully leads cases of the utmost gravity, complexity and sensitivity 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, particularly in cases where there have been lengthy and complex police investigations