This is a general job description covering the likely scope of work of the post holder

Transcription

1 Her Majesty s Curts and Tribunals Service Jb Title: Legal Adviser in Training - Natinal Tier 1 Band B This is a general jb descriptin cvering the likely scpe f wrk f the pst hlder THE ROLE The purpse f the rle is t be trained as a Legal Adviser t be able t represent the Justices Clerk as Legal Adviser t Magistrates and District Judge (Magistrates Curts) in accrdance with The Curts Act, 2003, the Justices Clerks Rules, Practice Directins and prtcls. A candidate fr this pst must be legally qualified having cmpleted their academic stage f training t qualify as a slicitr r barrister in accrdance with The Assistants t Justices Clerks (Amendment) Regulatins 2007, and will have cmpleted the vcatinal stage f training as a Slicitr r Barrister. This means that the rle hlder must have cmpleted the SRA training cntract fr slicitr r pupillage fr barristers. Training On cmmencement f the rle f a Legal Adviser in Training, the rle hlder will be required t participate in the Judicial Cllege Legal Adviser Inductin Training Prgramme. Upn successful cmpletin f the requirements f the prgramme the rle hlder shuld be able t satisfy the base line cmpetences as a Tier 1 Legal Adviser. The length f this prcess will depend upn the knwledge and eperience already gained by the rle hlder but will nt take lnger than tw years. After a relevant inductin perid and bserving curt sittings with an eperienced Legal Adviser the Legal Adviser in Training shuld mve swiftly int supervised sittings. The Legal Adviser in Training will als undertake such administrative functins as direct with a view t ensure a full appreciatin f the wrk f the Magistrates Curts. The purpse f this develpment is t prvide the Legal Adviser in Training with the knwledge and skills f curt prcedures and utilising their knwledge within a curt setting. Please find attached the rles and respnsibilities, career framewrk and cmpetence framewrks.

2 Functins f the rle During the training perid, the Trainee will be eperiencing and learning hw t undertake and undertaking the fllwing functins:- Manage the curt rm s that it runs efficiently and effectively Advise the Bench n law, practice and prcedure Facilitate the decisin making prcess applying a structured apprach, identifying relevant issues t be incrprated int Justices reasns Assist with the drafting f Justices reasns Cmmunicate in clear and cncise language Prmte partnership and team wrking with clleagues and the Bench Use delegated judicial pwers effectively fr the purpse f effective case management Facilitate the administratin in the curt rm, with the use f IT Cnduct legal research as apprpriate t carry ut the functins f the rle Knwledge and skills A Legal Adviser in Training will be epected t develp knwledge, skills and eperience which will include:- knwledge f the legal and administrative functins f the curt rm knwledge f adult and yuth criminal and civil law and/r family law and prcedure cmmunicatins skills, t enable the ability t cmmunicate effectively at all levels, bth verbally and in writing interpersnal skills t develp and maintain effective relatinships with staff, magistrates and curt users, at all levels and wrk as part f a team rganisatinal skills in rder t manage the curt rm the ability t analyse prblems and situatins quickly and effectively and adapt t change the cmpetent use f IT and legal resurce material Prblem slving The Legal Adviser in Training is required t learn and becme equipped t advise in curt reslving thse issues within the cmpetence f a Tier 1 Legal Adviser. Decisin making Own Decisins There are three main areas f decisin making: - Judicial, Legal & Administrative. Judicial Decisins The Justices Clerk has discretin delegate t the rle hlder a range f delegated pwers. The precise range and etent f pwers delegated t the rle hlder fall t the discretin f the Justices Clerk; wh may grant such delegated pwers t a cmpetent trainee during their training perid.

3 Legal Decisins Legal decisins include identifying the pertinent legal issues f a case which may arise in curt, which may ften be difficult r cntentius. This may include identifying relevant statutes and case law and undertaking apprpriate legal research, using IT resurces t ensure sundly based utcmes are achieved. Administrative Decisins Administrative decisins include decisins that relate t prgressing cases efficiently and effectively thrugh the curt prcess. This can include priritising cases that have all parties and paperwrk present, aviding delays t witnesses; ensuring defendants held in custdy are dealt with prmptly, aviding adjurnment f cases, making best the best use f the curt time available and the resurce f the bench and advcates present in the curt rm. Out f Curt Functins When nt sitting in curt, the Legal Adviser in Training will be required t check their curt papers, research legal issues appertaining t the cases allcated t their curt and participate in ther team administrative functins as directed by their Legal Team Manager. Advice t Others Eamples include:- Advising the Bench Magistrates and District Judges during cases Assisting the Magistrates t prepare reasns fr their decisins fllwing a structure Ensuring unrepresented defendants understand the prcedures t be fllwed, prviding guidance as t the nature f the ffence Prviding advice and guidance t administrative members f staff in relatin t all aspects f law and legal prcedure Prviding advice and guidance t ther eternal rganisatins and members f the public in relatin t all aspects f law and prcedure Prviding advice and guidance t bth prsecutin and defence advcates in relatin t all aspects f law and legal prcedure Prviding advice and guidance n varius aspect f law and prcedure t the Plice Career Develpment Participatin thrugh the Legal Adviser Inductin Training Prgramme will require the Legal Adviser in Training t have regular cntact with their Line Manager wh will set perfrmance bjectives t facilitate prgress thrugh the prgramme. The Legal Adviser in Training will be epected t achieve thse bjectives, managing their day t day perfrmance with a view t attaining and maintaining the Tier1 Legal Adviser baseline cmpetences and maintain their wn cntinuing prfessinal develpment requirements. Having successfully cmpleted the Inductin Prgramme it is epected that the Legal Adviser in Training will be able t act as a Legal Adviser in adult criminal and civil curts, and/r yuth criminal and civil curts and/r Family Prceedings Curts withut supervisin.

4 Anne A: Legal Adviser Career Structure Judicial Appintments Prfessinal services Justices Clerk Management Educatin Tier 5 Other dept secndments Judicial Appintments Reginal / Natinal Judicial Appintments Area / Reginal Judicial Appintments Lcal / Area Lcal Curt L L e e g g a a l l S S e e c c n n d d m m e e n n ts t s Managing a Legal Team Prject Management Y Y u u t t h h F F a a m m i i l l y y A A d d u u l l t t L c a l l T r r n g d e l l Threshld 1 M e n t t r r i i n g r r l l e a n d p r r v i i s i i n f f m e n tt r r i in n g tt h r r u g h tt ie ie r r s LiT TLA (LiT = LA in Training) Tier 4 Tier 3 Tier 2 Tier 1 Other dept secndments Other dept secndments Other dept secndments Other dept secndments Entry Level Eg, Academic stage f f training cmpleted, schlarship scheme, qualified lawyer

5 Anne B Civil Service Cmpetence Prfile Trainee Legal Adviser All cmpetence statements are set at Level 3 HEO/SEO. Seeing the Big Picture Seeing the big picture is abut having an in-depth understanding and knwledge f hw yur rle fits with and supprts rganisatinal bjectives and the wider public needs. Fr all staff, it is abut fcusing yur cntributin n the activities which will meet Civil Service gals and deliver the greatest value. At senir levels, it is abut scanning the plitical cntet and taking accunt f wider impacts t develp lng term implementatin strategies that maimise pprtunities t add value t the citizen and supprt ecnmic, sustainable grwth. Be alert t emerging issues and trends which might impact r benefit wn and team s wrk Actively seek ut and share eperience t develp understanding and knwledge f wn wrk and f team s business area Seek t understand hw the services, activities and strategies in the area wrk tgether t create value fr the custmer/end user Changing and Imprving Peple wh are effective in this area are respnsive, innvative and seek ut pprtunities t create effective change. Fr all staff, it s abut being pen t change, suggesting ideas fr imprvements t the way things are dne, and wrking in smarter, mre fcused ways. At senir levels, this is abut creating and cntributing t a culture f innvatin and allwing peple t cnsider and take managed risks. Ding this well means cntinuusly seeking ut ways t imprve plicy implementatin and build a leaner, mre fleible and respnsive Civil Service. It als means making use f alternative delivery mdels including digital and shared service appraches wherever pssible. Find ways t imprve systems and structures t deliver with mre streamlined resurces Be willing t meet the challenges f difficult r cmple changes, encuraging and supprting thers t d the same Prepare fr and respnd apprpriately t the range f pssible effects that change may have n wn rle/team Leading and Cmmunicating At all levels, effectiveness in this area is abut leading frm the frnt and cmmunicating with clarity, cnvictin and enthusiasm. It s abut supprting principles f fairness f pprtunity fr all and a dedicatin t a diverse range f citizens. At senir levels, it is abut establishing a strng directin and a persuasive future visin; managing and engaging with peple with hnesty and integrity, and uphlding the reputatin f the Department and the Civil Service. Cmmunicate in a succinct, engaging manner and stand grund when needed Cmmunicate using apprpriate styles, methds and timing, including digital channels, t maimise understanding and impact Cnvey enthusiasm and energy abut their wrk and encurage thers t d the same

6 Building Capability fr All Effectiveness in this area is having a strng fcus n cntinuus learning fr neself, thers and the rganisatin. Fr all staff, it s being pen t learning, abut keeping ne s wn knwledge and skill set current and evlving. At senir levels, it s abut talent management and ensuring a diverse blend f capability and skills is identified and develped t meet current and future business needs. It s als abut creating a learning and knwledge culture acrss the rganisatin t infrm future plans and transfrmatinal change. Value and respnd t different persnal needs in the team using these t develp thers and prmte inclusiveness Practively manage wn career and identify wn learning needs with line manager, plan and carry ut wrk-place learning pprtunities Cntinually seek and act n feedback t evaluate and imprve their wn and team s perfrmance Managing a Quality Service Effectiveness in this area is abut being rganised t deliver service bjectives and striving t imprve the quality f service, taking accunt f diverse custmer needs and requirements. Peple wh are effective plan, rganise and manage their time and activities t deliver a high quality and efficient service, applying prgramme and prject management appraches t supprt service delivery. At senir levels, it is abut creating an envirnment t deliver peratinal ecellence and creating the mst apprpriate and cst effective delivery mdels fr public services. Develp, implement, maintain and review systems and service standards t prvide quality, efficiency and value fr mney Establish mechanisms t seek ut and respnd t feedback frm custmers abut service prvided Develp prpsals t imprve the quality f service with invlvement frm a diverse range f staff, stakehlders r delivery partners Delivering at Pace Effectiveness in this area means fcusing n delivering timely perfrmance with energy and taking respnsibility and accuntability fr quality utcmes. Fr all staff, it s abut wrking t agreed gals and activities and dealing with challenges in a respnsive and cnstructive way. At senir levels, it is abut building a perfrmance culture t deliver utcmes with a firm fcus n priritisatin and addressing perfrmance issues reslutely, fairly and prmptly. It is als abut leaders prviding the fcus and energy t drive activities frward thrugh thers and encurage staff t perfrm effectively during challenging and changing times. Shw a psitive apprach in keeping their wn and the team s effrts fcused n the gals that really matter Plan ahead but reassess wrklads and pririties if situatins change r peple are facing cnflicting demands Regularly mnitr wn and team s wrk against milestnes r targets and act prmptly t keep wrk n track and maintain perfrmance

7 Anne C: Legal Adviser Cmpetence Framewrk A: Building & Maintaining Effective Wrking Relatinships with Magistrates Cmpetence in this area is abut facilitating a structured decisin-making prcess and wrking in partnership with Magistrates at all times, bth in and ut f curt These cmpetences are applicable t all tiers in the Legal Advisers Career Structure 1. I facilitate a structured decisin-making prcess based n my knwledge f apprpriate techniques, manuals, guidelines and current statutry and case law develpments I advise magistrates n pints f law and judicial precedent, in pen curt and as apprpriate, whether elicited r nt, in an accurate, balanced and structured way I ensure that decisins address all relevant issues and that these are incrprated int reasns I cmmunicate in a clear, structured and curteus way, paraphrasing and summarising the views and pinins f magistrates and assist magistrates in drawing up reasns I assist magistrates in making accurate prnuncements and in making apprpriate crrectins, withut detracting frm the authrity f the bench I ensure reasns cntain relevant case law, facts relevant t findings and statutry criteria where apprpriate and fllw a structured apprach t decisin making, using precedents and frmulae I prepare written reasns in such a way that the curt Chairman can cmmunicate these clearly 2. I wrk in partnership with Magistrates, t ensure we bth recgnise and understand lcal practices, prcedures, plicies, current issues and relevant training pprtunities I take actin t ensure that legal advisers and bench wrk as a team, by agreeing respective rles and duties with the curt chairman, giving and receiving regular feedback t/frm the bench and encuraging pen discussin with magistrates I summarise cntents f list fr magistrates prir t each curt sessin and participate in pst sitting reviews when required I encurage feedback n perfrmance f the curt and infrm relevant clleagues n issues that arise I act prfessinally at all times and recgnise the need fr cnfidentiality I demnstrate knwledge f bench practices, plicies and prcedures I demnstrate that I am aware f current legal issues I am aware f current training events and ensure that magistrates are able t take advantage f ptential training pprtunities, in cnsultatin with the Deputy Clerk r Justices Clerk Surces f evidence Individuals can demnstrate their cmpetence and knwledge evidence required thrugh: bservatin, recrds f discussins and meetings utside f the curtrm, feedback frm all three members f the bench, authenticated evidence frm relevant peple, and their respnse t what if questins.

8 B: Facilitating the Business f the Curt Cmpetence in this area is abut preparing, planning and the eecutin f activities t enable curt/directin hearings, curtrm activity and the wider activities that prgress the business f the curt, including prvisin f advice and written legal dcumentatin These cmpetences are applicable t all tiers in the Legal Advisers Career Structure 1. I can prepare apprpriately in rder t act as a legal adviser in the curtrm and when using wn judicial pwers I check curt papers and take actin t ensure cmpleteness I research apprpriate legal issues and prepare relevant ntes fr the curt file and prvide relevant supprting material when required I ensure the particular needs f individual curt users are identified and make sure smething is dne t accmmdate these needs, by checking available facilities and cmmunicating in an apprpriate manner 2. I can plan and prgress the business f the curt I priritise cases apprpriately and either manage the list directly r manage the usher in calling the list I manage the wrkflw f the curt t ensure the time available is used efficiently and prductively I identify when and hw t use delegated pwers bth in and ut f curt I demnstrate an awareness f the targets fr curt perfrmance and cntribute apprpriately t meeting these targets I clearly understand case histries, what prgress can realistically be epected and advise magistrates and ther parties as t effective net steps I identify and clarify issues with all parties t assist magistrates I ensure apprpriate directins are given I cmplete and actin curt results accurately and prmptly and distribute a written recrd f prceedings where apprpriate I transfer necessary cases t clleagues withut disruptin t the curt 3. I prvide prfessinal advice and dcumentatin bth in and ut f curt I prvide advice t curt users when necessary and assist unrepresented defendants in rder fr them t represent their case I summarise salient pints t the curt and unrepresented defendants

9 I respnd apprpriately t curt users regarding feedback r cncerns I eplain what is happening in curt and ensure the dignity f the curt is maintained I undertake further legal research when required, present legal pinins and dcuments and advise curt users apprpriately I cmply with relevant law, practice, prcedure and lcal prtcls 4. I can plan, cnduct and cnclude case management hearings effectively, when sitting with r withut a bench I anticipate and plan fr hearings that invlve cmple r cntentius issues I eercise thse pwers cnferred n me by delegated authrity judicially I establish the framewrk and purpse f the hearing and cmmunicate this clearly at the start I liaise with ther curt staff thrughut the prceedings, t ensure that sufficient infrmatin is available prir t decisin making I find ut why participants have failed t cmply with directins r timetables, speaking directly t parties where apprpriate I identify issues fr reslutin at future case management hearings and ensure the understanding f thse respnsible fr net steps is checked I ensure that everyne wh shuld be is cnsulted prir t decisin making and interpret and analyse key infrmatin prvided by participants I identify and summarise the key issues and facts, prmptly and effectively I present my wn view lgically and clearly I encurage cntributins frm all participants and cntrl the echange f views and infrmatin using a structure and checklist t facilitate discussin I aid the decisin-making prcess by questining, listening actively, interpreting and analysing key infrmatin, summarising key issues and facts, checking understanding and reslving cnflicts I challenge inapprpriate, inaccurate r unhelpful cntributins I ensure that individual issues are cnsidered and eplred in sufficient depth, within the cntet f the whle decisin and clarify utstanding matters prir t decisin making I use apprpriate and nn-discriminatry language I make decisins in a judicial manner and annunce directins clearly 5. I apply my specialist knwledge and skills bth in and ut f curt as well as with administratin teams I maintain my knwledge f specialist curt prcedures, practice, sentencing issues and current case law develpments in rder t advise magistrates in these areas I use clear, cncise and apprpriate language, accrding t the type f specialist curt r Panel Cmmittee

10 and in related meetings, based n my knwledge f apprpriate manuals, current tetbks, prcedures and current statutry and case law develpments and the participants present I demnstrate empathy and sensitivity where apprpriate I intervene between parties in rder t prgress the case, in the absence f magistrates 6. I supprt the wrk f the curt thrugh cntact with Panel Cmmittee members during meetings, n a ne t ne basis and at training/develpment sessins and by liaising with the relevant agencies invlved in specialist curt and Cmmittee wrk I identify and bring t the attentin f the persn respnsible fr the Panel Cmmittee any issues f relevance t the curt Where required, I attend apprpriate Panel Cmmittee meetings and cntribute cnstructively I attend training sessins n tpics f relevance t the curt and cmmunicate relevant feedback t the persn respnsible fr the Panel Cmmittee Surces f evidence Individuals can demnstrate their cmpetence and knwledge evidence required thrugh: bservatin, recrds f discussins and meetings utside f the curtrm, feedback frm all three members f the bench, authenticated evidence frm relevant peple, apprpriate perfrmance data and their respnse t what if questins.

11 C: Advising & Wrking with Staff Cmpetence in this area is abut wrking in partnership with ther staff and carrying ut administrative duties, bth in curt and in the ffice envirnment These cmpetences are applicable t all tiers in the Legal Advisers Career Structure 1. I can wrk in partnership with ther staff, using knwledge f relevant prtcls, prcedures, prcesses and cnstraints I identify administrative issues that need attentin and suggest slutins I discuss wrk related issues with staff and identify their pririties, needs and cncerns and ensure these are taken int accunt when carrying ut my wn duties I supprt staff by managing time effectively and giving clear, simple and timely instructins I prvide legal advise t ther staff when apprpriate 2. I can carry ut administrative duties using lcal scheduling, listing and case management prtcls, within statutry and nn-statutry time limits I recrd curt decisins accurately, prmptly, clearly and legibly I cmmunicate unusual r cmple issues face-t-face, by telephne r in writing I cmplete administrative tasks accrding t lcal standards and targets Surces f evidence Individuals can demnstrate their cmpetence and knwledge evidence required thrugh: bservatin, recrds f discussins and meetings utside f the curtrm, feedback frm all three members f the bench, authenticated evidence frm relevant peple, apprpriate perfrmance data and their respnse t what if questins.