About the job

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.

His Majesty’s Courts and Tribunals Service 

Royal Courts of Justice Group, Legal Operations 

Job Title:  Complex Casework Lawyer, Court of Appeal, Criminal Division 

Pay Span or equivalent:  Grade 7

Salary London: £58,847 - £66,670    

Location:     The role will be based at the Royal Courts of Justice, Strand, London although hybrid working is permitted 

Contract type:  Permanent 

Number of hours per week: 37

Number of vacancies: 1

Reserve List: Yes 

Background

His 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 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.

•    Develop and apply legal skills by maintaining and developing specialist skills, and keeping up to date with developments, relevant procedural rules and case law, with a strong focus on continuous learning.  Attend in-house and external training courses to complete relevant continuous professional development requirements 

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. 

Recruitment Process 

Success Profiles: You will be assessed against the Civil Service Success Profiles framework.

Required Skills, Qualifications & Experience

•    Solicitor or barrister qualified to practise in England and Wales (i.e. having completed training contract or pupillage), or Fellow of the Chartered Institute of Legal Executives (eligible where (i) a Qualifying Law Degree (QLD) is held; or (ii) the GDL/CPE has been completed; or (iii) where exams have been passed (i.e. a score of 50% or above achieved) at CILEx Level 6*, in all of the seven foundation subjects in law). 
•    Post qualification experience with good working knowledge of criminal law and procedure.
•    During the application process you will be asked to provide details of any demonstrable experience, career history and achievements that are relevant to the role.

Conditions of appointment

Prior to appointment candidates will be asked to provide an original copy of their legal qualification certificate. We will ask you to bring this with you to interview.

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

•    Making Effective Decisions
•    Delivering at Pace
•    Communicating and Influencing
•    Managing a Quality Service

At the application stage you will be asked to provide four 250-word statements evidencing the required behaviours (above) and details of your post qualification experience in criminal law.  Applications will be sifted on the basis of this information.  

Should we receive a large number of applications, we will sift primarily on experience and on the lead behaviour: Making Effective Decisions. Successful applicants will then be invited to an interview, where they will be assessed against both behaviours and strengths.

Interviews

Please note that interviews will be carried out in person in London.

The interview will assess technical legal skills, behaviours and strengths from the Success Profiles framework. 

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
•    Awareness of the work of the CACD

You can refer to the Civil Service Strengths dictionary for more details:  Success Profiles - Civil Service Strengths Dictionary (publishing.service.gov.uk)

Interviews are expected to take place at the end of April 2024. 

Salary, Working Arrangements & Further Information

Some of the Ministry of Justice’s (MoJ) terms and conditions of service are changing as part of Civil Service reform. The changes will apply to staff joining MoJ who are new to the Civil Service. Staff joining MoJ from other civil service employers will transfer onto the new MoJ terms if they are already on 'modernised' terms in their current post or onto 'unmodernised' MoJ terms if they are on 'unmodernised' terms at their current post. Details will be available if an offer is made.

Starting Salary

The starting salary for this post is £58,847.00 

Flexible working hours 

The MoJ offers flexible working (subject to business needs).

Person specification

Please refer to Job Description

Benefits

Alongside your salary of £58,847, HM Courts and Tribunals Service contributes £16,418 towards you being a member of the Civil Service Defined Benefit Pension scheme. Find out what benefits a Civil Service Pension provides.

Things you need to know

Selection process details

This vacancy is using Success Profiles (opens in a new window), and will assess your Behaviours, Strengths, Experience and Technical skills.https://justicejobs.tal.net/vx/candidate/cms/About%20the%20MOJ

Feedback will only be provided if you attend an interview or assessment.

Security

Successful candidates must undergo a criminal record check. Successful candidates must meet the security requirements before they can be appointed. The level of security needed is counter-terrorist check (opens in a new window).

See our vetting charter (opens in a new window). People working with government assets must complete baseline personnel security standard (opens in new window) checks.

Nationality requirements

This job is broadly open to the following groups:

• UK nationals
• nationals of the Republic of Ireland
• nationals of Commonwealth countries who have the right to work in the UK
• nationals of the EU, Switzerland, Norway, Iceland or Liechtenstein and family members of those nationalities with settled or pre-settled status under the European Union Settlement Scheme (EUSS) (opens in a new window)
• nationals of the EU, Switzerland, Norway, Iceland or Liechtenstein and family members of those nationalities who have made a valid application for settled or pre-settled status under the European Union Settlement Scheme (EUSS)
• individuals with limited leave to remain or indefinite leave to remain who were eligible to apply for EUSS on or before 31 December 2020
• Turkish nationals, and certain family members of Turkish nationals, who have accrued the right to work in the Civil Service

Further information on nationality requirements (opens in a new window)

Working for the Civil Service

The Civil Service Code (opens in a new window) sets out the standards of behaviour expected of civil servants.

We recruit by merit on the basis of fair and open competition, as outlined in the Civil Service Commission's recruitment principles (opens in a new window). The Civil Service embraces diversity and promotes equal opportunities. As such, we run a Disability Confident Scheme (DCS) for candidates with disabilities who meet the minimum selection criteria.