About the job

Summary

Please refer to Job Description

Job description

We encourage applications from people from all backgrounds and aim to have a workforce that represents the wider society that we serve. We pride ourselves on being an employer of choice. We champion diversity, inclusion and wellbeing and aim to create a workplace where everyone feels valued and a sense of belonging. To find out more about how we do this visit: https://www.gov.uk/government/organisations/ministry-of-justice/about/equality-and-diversity.

Background

Her Majesty’s Courts and Tribunals Service (HMCTS) is responsible for the administration of the criminal, civil and family courts and tribunals in England and Wales and non-devolved tribunals in Scotland and Northern Ireland. It provides a fair, efficient and effective justice system delivered by an independent judiciary. HMCTS aims to ensure that all citizens receive timely access to justice according to their different needs, whether as victims or witnesses of crime, defendants accused of crime, consumers in debt, children at risk of harm, businesses involved in commercial disputes or as individuals asserting their employment rights or challenging the decisions of government bodies.

Consequently, there are high expectations of all staff regardless of the job they do, and high performance is expected from everybody. The organisation is continuously adopting new or better ways of working to ensure that it focuses on just that which is essential. As a leader and manager within HMCTS the post holder must also provide clear direction and focus and visibly championing the changes which deliver greater improvement. HMCTS Senior Management Team expects all leaders to operate in a culture of openness and honesty, demonstrating a commitment to change through involvement and empowerment, and by delivering results.

Introduction

The RCJ legal operations group includes all the lawyers working in the offices which support the Court of Appeal (criminal and civil divisions) and the High Court. It also includes lawyers working in the Upper Tribunal (including EAT).

The jurisdiction of the Court of Appeal Criminal Division (CACD) is primarily to determine appeals from the Crown Court and to provide guidance on criminal legislation, case law and procedure. For the majority of defendants, it is the final court of appeal. The Criminal Appeal Office (CAO) provides administrative and legal support to the CACD and to the Court Martial Appeals Court.

Job Description

A Complex Casework Lawyer in the CAO is responsible for all aspects of case management and for drafting summaries for the full court in conviction cases, working closely with the Registrar of Criminal Appeals and the senior Judiciary. In addition, a Complex Casework Lawyer provides legal advice on sentence appeals and assumes responsibility for the case management of complex sentence cases.

Key responsibilities and duties

• Case management of all conviction cases under the Criminal Appeal Act 1968 and various other applications to the CACD under other statutes, in accordance with the Criminal Procedure Rules to ensure that cases are actively managed through the appeal process efficiently and justly. The Registrar is responsible for case management on behalf of the CACD and has delegated the majority of her powers to the Complex Casework Lawyers. It is the role of the lawyer to ensure that all applications are effective, that the issues on appeal are properly identified and to give directions to ensure that all issues are addressed, and all necessary material is before the court so as to ensure efficient use of judicial resources.

• Preparation of a case summary of the facts and legal issues in every conviction case which is to be listed before the full court (i.e. appeals, renewed applications and directions hearings). The summary is used by the court in preparing their judgment (which is usually ex tempore) and will contain advice to the judiciary regarding the court’s powers in relation to the case, including advice on ancillary matters such as reporting restrictions and costs.

• Consideration of sentence cases to identify unlawful sentences and invalid committals and to advise the Registrar and judiciary as to how the sentence may be re-ordered or the invalid committal addressed. Complex Casework Lawyers l also have case management responsibilities for the most complex sentence cases.

• Legal research as required and providing appropriate advice to the Registrar, senior judiciary and court users, including appellants and legal professionals.

• Advising new High Court Judges on CACD practice and procedure in relation to applications for leave to appeal.

• Identifying novel legal issues which require that the CACD give guidance to the lower courts and drawing such issues to the attention of the Registrar.

• Undertaking projects (and leading a small project team if necessary) such as the co-ordination of special courts of conjoined appeals, preparation and presentation of training events; drafting responses to consultation papers.

• Maintaining specialist skills by keeping up to date with relevant law and CAO practice and procedure; fulfilling the relevant CPD requirements.

Other duties

Accountability

The post holder will report to the Senior Legal Managers

The post holder is required to work in a flexible way and to undertake any other duties reasonably requested by line management which are commensurate with the grade and level of responsibility of this post.

Location of Post

Located within the Royal Courts of Justice.

Recruitment Process

This vacancy is using Success Profiles.

Required Skills, Qualifications & Experience

• Solicitor or barrister qualified to practise in England and Wales (i.e. having completed training contract or pupillage)

• Good working knowledge of and post qualification experience in criminal law.

Candidates invited to interview will be required to undertake a situational legal skills judgement test. The following legal professional skills will be assessed:

• Produces sound analysis using secure legal research

• Maintains relevant and up to date legal knowledge and skills

• Has reliable legal judgement and understands legal risk

You will be required to provide evidence of the following behaviours:

• Managing a quality service

• Delivering at Pace

• Making Effective Decisions

• Communicating & influencing

• Working together

Responsibilities

Please refer to Job Description

Qualifications

Solicitor, barrister or Fellow of the Institute of CILEx qualified to practise in England and Wales with substantial post qualification experience.