Advocate Panels: 2020 Panel - General Crime and the Rape and Serious Sexual Offences List (RASSO List)

This document describes the separate processes applicants to the CPS Advocate Panel 2020-2026 for General Crime and Rape and Serious Sexual Offences (RASSO) List (the 2020 Panel) must follow for permanent membership:

A) Permanent membership - applications to join the General Crime list as a permanent member at levels 1 to 4
B) Upgrading - applications from existing members to upgrade their level on the General Crime list
C) Rape and Serious Sexual Offences (RASSO) List - applicants to join must be at levels 3 and 4 on General Crime list
D) Temporary Membership (General Crime Levels 2,3 and 4 only) (Links to Temporary Membership section below)
E) Further information - in respect of the following:

• References
• Submission of applications
• Number of Regional lists

This document does not relate to the CPS Specialist Panels for which separate arrangements are in place. For further information, please visit the relevant page on the CPS website.

Introduction

All advocates appointed to join the CPS Advocate Panel must meet the assessment criteria for levels 1 to 4 for the 2020-2026 Panel and agree to abide by the Advocate Panel Members’ Commitment (see main Advocate Panels page).

Applicants who join will be appointed for the duration of the Panel. The current Panel will now run from 2020 to 2026. CPS has discretion to amend the duration but will only do so in consultation with the Bar Council and Law Society.

An annual application/upgrade window will be open in September each year, although CPS can hold the window at another period at its discretion.

The application and upgrade process will be open and transparent and provide equal opportunity for all applicants. There will be no quotas in respect of sex, ethnicity, sexuality, age or disability for candidates being appointed onto the Panel.

A) Permanent Membership - Applications to join the Advocate Panel

Applicants applying to join the Panel must complete the relevant online application. When applying, barrister applicants should quote their unique 5-digit Bar reference number and solicitor advocate applicants should quote their Solicitor Regulatory Authority (SRA) number.

New applicants must determine which level they wish to apply for and apply for one level only. For levels 2, 3 and 4 the application will automatically be considered for the next level down if it is unsuccessful at the level they applied for.

Applicants must carefully consider which level to apply for based on their own assessment of their ability and experience.

Applications will be assessed on the content of the written application, examples of work and written references. There will be no interview or other test as part of the assessment process.

It is important that applicants take time and care when completing their application form. In doing so, applicants should refer to all of the available guidance.

Please note:

• All applications must be submitted via the online portal
• Incomplete or late applications will not be assessed
• Paper submissions are not acceptable
• Word limits must be observed
• 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.

Each applicant applying to join the Panel must submit an application via the online application portal and attach the relevant supporting material, where required to do so. Applicants must also ensure that the required number of completed references are submitted, as set out below. A separate application and reference is required for the RASSO List.

All successful applicants must sign up to use secure email as a condition of being appointed to the Panel. However, CJSM email accounts should not be used to set up an account on the Advocate Panel Portal. CJSM accounts should be accessed regularly to ensure they are not disabled allowing for communications from the CPS to be received.

Pre-Qualification Questions

All new applicants must answer pre-qualification questions as part of the application process. Further details can be found on the pre-qualification section of the website.

Applications to join at Level 1

Applications to join the Panel at level 1 can be submitted any time, provided the applicant meets the qualification requirement and, for barristers, has reached the fifth month of the first six months of pupillage.  

An application to join the Advocate Panel at Level 1 consists of the following documents:

• Completed online application form, including equalities monitoring questions (not part of assessment)
• A reference from an appropriate referee using the online system

Applicants for level 1 should provide one reference. An appropriate referee might be a pupil supervisor, head of chambers or a chambers advocacy trainer who has seen the applicant perform advocacy.

Applications to join the Advocate Panel General Crime List at Level 2, 3 or 4

New applicants can apply to join the current Panel at levels 2, 3 or 4 during the annual application window each September using the online application portal. If unsuccessful at these levels, applications for Level 1 are accepted at any time throughout the year.

Level 2 - an application to join the Advocate Panel for the first time at Level 2 consists of the following:

• Completed online application including equalities monitoring questions (not part of the assessment)
• References from two (2) appropriate referees using the application portal. There is no requirement to submit a judicial reference in support of applications to join at Level 2. References are not required for upgrade applications at this level
• One (1) recent example of drafting e.g. skeleton argument, advice (maximum of five (5) pages) to be attached to online application. Applicants can use extracts from longer documents, provided 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.

Level 3 - An application to join the Advocate Panel at Level 3 for the first time consists of the following:

• Completed online application form, including equalities monitoring questions (not part of the assessment)
• References from two (2) appropriate referees using the application portal. Level 3 applicants should provide two references with at least one from a member of the full-time judiciary. References are not required for upgrade applications at this level.
• One (1) recent example of drafting e.g. skeleton argument, advice (maximum of five (5) pages). Applicants can use extracts from longer documents, provided 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.

Level 4 - an application to join the Advocate Panel at Level 4 for the first time consists of the following:

• Completed online application form, including equalities monitoring questions (not part of the assessment)
• References from three (3) appropriate referees using the application portal. 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. One reference is optional for upgrade applications at this level.
• Two (2) recent examples of drafting e.g. skeleton argument, advice (maximum of five (5) pages per document) to be attached to online application. Applicants can use extracts from longer documents, provided 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.

B)    Upgrading - Applications for upgrading to levels 2, 3 or 4

Members of the Panel can apply to be upgraded by one level, to level 2, 3 or 4, during the annual application window by submitting an online upgrade application form.
Applicants who are successful in their upgrade applications will be permitted to apply to upgrade their level again the following year or thereafter if they feel they meet the selection criteria for the level to which they wish to upgrade.

An application to upgrade to Level 2, 3 or 4 consists of the following:

• Completed and submitted online upgrade application including equalities monitoring questions (not part of the assessment)
• One (1) recent example of drafting e.g. skeleton argument, advice (maximum of five (5) pages) to be attached to online application. Applicants can use extracts from longer documents, provided 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.
  Level 4 only - one (1) optional reference (using the online portal)

The online form has sections in relation to the five selection criteria and maximum words counts will apply.

The process for upgrading requires applicants to provide demonstrable evidence of improvement since being appointed to their current level and how they now meet the selection criteria for the next level in relation to:

• Advocacy
• Advisory work
• Experience of dealing with PII issues and Disclosure of unused material
• Other relevant knowledge, skills and experience
• Appreciation of the role of a Panel advocate

Since applicants for upgrading will have met the application requirements for their existing level, an abbreviated application process will apply for the upgrade exercise. This removes the need for applicants to provide details of pre-qualification issues and reduces the requirement for references in support of the application.

C)    Rape and Serious Sexual Offences (RASSO) List

Advocate Panel members applying to upgrade from level 2 to 3 on the General Crime Listmay also consider applying to become a member of the ‘RASSO List’. In order to so, they should also complete the online ‘RASSO List’ application and provide the necessary evidence and ensure a reference is submitted to support their application using the online application portal.

Existing members of the General Crime List at levels 3 or 4 can apply to become a RASSO specialist by submitting an online ‘RASSO List’ application at any time during the year.

Applicants wishing to join the RASSO List must have undertaken RASSO Training within the last 3 years. The RASSO List Selection Criteria provides further information in relation to training.

Please note, unsuccessful applicants to the RASSO List will be permitted to re-apply but no sooner than six months from the date of the original assessment. Future applications should take into account any feedback provided.

Members of the ‘RASSO List’ should undertake CPS accredited RASSO refresher training at least every 4 years and dates of training should be clearly endorsed by the applicant on their application form.  Thereafter, once refresher training is completed, Panel members should email the Advocate Panel mailbox to confirm the date the training was completed. Please see the RASSO List Selection Criteria for more information.

E) Further Information

References

New applicants should secure and ensure referees submit references online in accordance with the guidance. Although not an exhaustive list, the table below provides examples of appropriate referees at each level.

PLEASE NOTE: It is the applicant’s responsibility to ensure that all references are submitted to the CPS in accordance with the guidance no later than the deadline date. The Advocate Panel team will not contact referees to request or chase references on behalf of the applicant. Accordingly, applicants should ensure that potential referees are given sufficient notice (28 days) of what they are required to provide and the date the applicant requires the reference.

An instructing member of the CPS may compose a reference for an Advocate Panel applicant. However, the draft reference must be referred to either the Chief Crown Prosecutor/Head of Casework Division, or someone delegated by the Chief Crown Prosecutor/Head of Casework Division, for approval and must not be submitted on the online portal without this approval.

Information for referees can be found in the Explanatory Note to Referees.

Submission of applications

The application form and all supporting documentation, including references, should be submitted using the application portal.

Number of Regional Lists

There will be six regional circuit lists which will form the 2020 Panel, as follows;

Applicants applying for a particular Circuit list should select one which best suits their practice.

Where there is good reason to do so, applicants can select a second Circuit when applying. For example, applicants might live on a border between two Circuits or may regularly undertake work on another Circuit.

For applicants applying to join the Wales and Chester Circuit list it is desirable, but not essential, to be able to speak Welsh and conduct proceedings in Welsh. The application process requires applicants to declare their ability to speak/conduct proceedings in Welsh.

The temporary membership process provides eligible solicitors and barristers with the opportunity to join the Advocate Panel on a temporary membership basis until they can formally apply at the next annual application window. Applicants can apply between 1 November and 31 July each year for temporary membership to the General Crime List only at levels 2, 3 or 4.

The temporary membership process is aimed at active criminal advocates who can demonstrate good cause to join the Advocate Panel at the level sought. In this context, the opportunity for temporary membership would generally apply to those advocates who can clearly demonstrate that they have been undertaking regular criminal advocacy at the level sought within the last 12 months but are changing roles and moving into self-employment, joining a solicitor’s firm or other organisation where access to the Panel is required.

Temporary membership will automatically expire on 31 December following completion of the annual application process. In order to secure permanent membership before their temporary status expires, temporary members must submit a full application during the next application window.

Temporary membership is not open to advocates who previously applied to join the Panel but were unsuccessful, to existing Advocate Panel members seeking temporary membership at a higher level, or to advocates who have previously held temporary membership during the currency of the 2020 Panel. Applicants will only be able to apply for temporary membership once during the 4-year currency of the Panel.

Applicants for temporary membership will complete and submit a Temporary Membership Application using the online application portal providing evidence of their contact details, professional qualifications and pre-qualification issues. The applicant will provide evidence of their recent experience in advocacy and evidence to support the self-assessment of the advocacy level being sought.

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.

Temporary membership will only be considered for applicants who meet the eligibility criteria for the Advocate Panel. These applications will be assessed by a two-person panel consisting of a member of CPS and a representative of the Bar Council. Both members will need to agree that temporary membership is appropriate. There is no appeal against a decision not to award temporary membership.

A supporting statement or reference from a previous employer or advocacy assessor is optional but desirable. The reference section at the start of the online form is for formal references and, additionally, a supporting document/letter of support can be attached at the end of the form in the ‘Attachment’ section. Applicants should take care to redact their name from any supporting documentation before submission including on letters of support. If necessary, the two-person panel can seek further information or references to support the application for temporary membership.

The provision of temporary membership will have no bearing on any later assessment to join the Advocate Panel.

Persons appointed to the Advocate Panel on a temporary membership basis will be required to comply with the requirements of the Advocate Panel and abide by the Advocate Panel Members’ Commitment.

RASSO Applications

Applicants for temporary membership at Level 3 or 4 may also apply to join the RASSO Panel. Full details regarding the RASSO Panel can be found on this page, under 'Selection Criteria: The Rape and Serious Sexual Offences List (‘the RASSO List’) (updated June 2021)'. Applications to join the RASSO Panel can be made at the same time as temporary membership applications. Continued membership of the RASSO Panel will be dependent on securing permanent membership as set out above.

• Advocate Panel 2020-2026 Panel Invitation Response Form

Introduction

This entry level is intended to be a testing ground for the identification of suitable future prosecutors.

The criteria for level 1 are intended to be less onerous than for other levels. If it were otherwise, substantial numbers of applicants would be denied the opportunity to gain experience as prosecution advocates in order to progress to higher levels.

Applicants will generally be admitted to level 1 unless there is:

• no evidence of advocacy ability,
• no endorsement from a suitable referee, or
• the presentation and content of the application is generally poor e.g. spelling, grammar, layout and content.

Entry to the Panel at Level 1 is through this application process and is open to barristers who have reached the fifth month of their first six months of pupillage/tenancy and solicitors who have a Higher Courts Advocacy qualification. Successful applicants will not receive notification of their result or be placed on the Advocate Panel until the start of their second six.

For entry to Level 1 applicants must be able to demonstrate an ability to conduct competently a range of magistrates’ courts prosecutions up to and including a whole day’s list, straightforward Youth Court cases and to conduct simple mentions, guilty pleas, committals for sentence and appeals in the Crown Court. Applicants must provide evidence of up to date legal knowledge relevant to such prosecutions and demonstrate appropriate standards of oral and written advocacy. Applicants should be able to demonstrate that they are able to work well with others in this range of prosecutions.

Application Requirements for Level 1

An application to join the Advocate Panel at Level 1 consists of the following documents:

• Completed Level 1 online application form including equalities monitoring questions (not part of the assessment).
• A reference from an appropriate referee

References

Applicants for level 1 should provide one reference. An appropriate referee might be a pupil master, head of chambers or a chambers advocacy trainer who has seen the applicant perform advocacy.  

With regard to the type of work Level 1 advocates will be expected to undertake, Referees should be able to state:

• The extent of their knowledge of the applicant’s work
• How they assess the applicant’s suitability to conduct prosecution work
• How they assess the applicant’s ability in respect of advocacy and advisory work.

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 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? 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 Criteria for Level 1

The criteria for assessment will be:

• Advocacy
• Advisory Work
• Other relevant knowledge, skills and experience (including relevant defence experience)
• Appreciation of the role of CPS Panel Advocate

Applicants for Level 1 will be expected to demonstrate the following:

Advocacy criteria

• Minimum of fifth month of their first six months of pupillage or a certificate to practice advocacy in the higher courts
• The ability to conduct advocacy in respect of all magistrates’ court prosecutions; straightforward Youth Court cases; simple Crown Court mention hearings; plea and case management hearings; committals for sentence and appeals to the Crown Court.

Advisory Work

• The ability to conduct advisory work in respect of all magistrates’ court prosecutions; simple Crown Court cases; committals for sentence, and appeals.

Other Relevant Knowledge, Skills and Experience

• The ability to prepare, prosecute and progress cases confidently and securely using digital technology
• Academic strength or compensating strength in other factors
• Relevant defence or regulatory work of an equivalent level, if any

Appreciation of the Role of CPS Panel Advocate

• A knowledge of ethical standards
• A knowledge of CPS Values
• A willingness to work as part of a prosecution team without compromising professional independence
• Familiarity with, and understanding of, the Code for Crown Prosecutors and the Farquharson guidelines on the role of the prosecution advocate
• An appropriate understanding of the professional relationship between the CPS, the police and the advocate  
• An appreciation of the requirements in relation to speaking to victims and witnesses

Introduction

Entry to the CPS Advocate 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.  

Applicants to Level 2 will generally have in the region of 12 months' trial advocacy experience, but please note this is a guide, not a criterion.

Application Requirements for Level 2

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

• Completed Level 2 online application form 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 online application. Applicants can use extracts from longer documents, provided 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.

Please note: The above requirements regarding references do not apply to upgrade level 2 applications. Please refer to the separate upgrade applications guidance for full details.

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 table below provides examples of suitable referees for level 2.

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 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 advocates will be required to perform any of the work of a Level 1 advocate and, in addition, Youth Court cases, straightforward non-jury work in the Crown Court and jury trials including theft, deception, assault (ABH and Section 20 GBH), burglary (not in aggravated form), possession of drugs and non-fatal road traffic offences. Applicants must be able to demonstrate expert up to date legal knowledge relevant to such prosecutions and demonstrate appropriate standards of oral and written advocacy (including ability to deal with complicating factors such as special measures, expert evidence, disclosure/PII issues, and 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 of the Proceeds of Crime Act 2002 to be able to deal with any confiscation issues raised in Level 2 prosecutions.

While experience in specialisms is referred to in the form, allowance is made for the fact that it will be more difficult for level 2 applicants to show experience in a particular specialism.  Applicants, are however, welcome to refer to specialisms in which they have an interest in gaining experience.

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 very 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 trial advocacy efficiently and effectively in the range of cases identified above in 'Casework at Level 2'
• Trial advocacy skills for jury trials 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 special measures, expert evidence and points of evidence or law
• 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
• The ability to conduct confiscation hearings in any of the proceedings in which the applicant may be instructed at Level 2
• Obtaining and using evidence from abroad, jurisdictional issues, human rights, restraint and confiscation
• Relevant defence or regulatory work of an equivalent level, if any.

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, the Farquharson guidelines and policies in respect of victims and witnesses, hate crime and violence against women and girls
• An appropriate understanding of the professional relationship between the CPS, the police and the advocate.

Introduction

Entry to the CPS Advocate Panel at Level 3 is through this application process and is open to appropriately qualified barristers and solicitors who have a Higher Courts Advocacy qualification.

Applicants to Level 3 will generally have at least five years' advocacy experience, but please note this is a guide, not a criterion.

Application Requirements for Level 3

• An application to join the Advocate Panel at Level 3 consists of the following documents:
• Completed Level 3 online application form including equalities monitoring questions (not part of the assessment)
• References from two (2) appropriate referees (at least one from a member of the full-time judiciary)
• One (1) recent example of drafting e.g. skeleton argument, advice (maximum of five (5) pages) to be attached to online application. Applicants can use extracts from longer documents, provided 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.

Please note: The above requirements regarding references do not apply to upgrade level 3 applications. Please refer to the separate upgrade applications guidance for full details.

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 table below provides examples of suitable referees for level 3.

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 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 3

Casework at Level 3

Level 3 advocates will be required to demonstrate that they are able to competently undertake any of the work of a Level 2 advocate and jury trials in more serious and onerous prosecutions including fraud (non-special casework cases), serious assaults (Section 18), complex robberies, driving offences involving death, child abuse and trials involving child victims and witnesses, rape and indecency cases, video link cases and multi-handed prosecutions of up to four defendants. Level 3 advocates will also be expected to conduct straightforward appeals in the Divisional Court and Court of Appeal. Applicants must also be able to demonstrate expert up to date legal knowledge relevant to such prosecutions and appropriate standards of oral and written advocacy. 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 of the Proceeds of Crime Act 2002 to be able to deal with the confiscation issues raised in Level 3 prosecutions.

In order to score very highly applicants will be expected to demonstrate a range of competencies to excellent standards in respect of the breadth of casework expected to be undertaken at level 3, including:

Advocacy

• The ability to conduct advocacy in the range of cases identified in 'Casework at Level 3' above, often attracting local media attention
• Highly developed trial advocacy skills for jury trials in the Crown Court including opening, closing, sensitive witness handling and legal argument, quoting relevant key authorities
• Ability to deal with complicating factors such as special measures, presenting or challenging complex expert evidence and difficult or sensitive issues of law and/or fact
• Ability to undertake advocacy in complex multi-handed cases, and is able to effectively direct and manage a number of participants in the courtroom
• Able to manage extremely sensitive cases reliably, including cases with child or vulnerable witnesses
• Ability to be an effective led junior.

Advisory Work

• The exercise of consistently sound judgement and case management strategies
• Demonstrates a strong knowledge of law and practice and up-to-date knowledge of law relevant to prosecutions at this level
• Up to date knowledge of the law relevant to prosecutions at this level, including criminal procedural rules and evidential rules
• Presents coherent skeleton arguments even in complex cases or addressing complex law, evidence or procedure
• Presents clear and succinct relevant written submissions demonstrating expertise.

PII and disclosure

• In depth understanding of the disclosure regime and principles of Public Interest Immunity
• Ability to handle sensitive matters in relation to investigation techniques
• Understands disclosure requirements even in the context of complex investigations and evidential situations.

Other Relevant Knowledge, Skills and Experience

• The ability to prepare, prosecute and progress cases confidently and securely using digital technology
• The ability to conduct confiscation hearings in any of the proceedings in which the applicant may be instructed at Level 3
• Obtaining and using evidence from abroad, jurisdictional issues, human rights, restraint and confiscation
• Sufficient knowledge of confiscation and POCA 2002 to be able to handle confiscation as it may arise in any of the cases which fall within their competency
• Relevant defence or regulatory work of an equivalent level, if any.

Appreciation of the Role of CPS Panel Advocate

• A knowledge of ethical standards e.g. completion of the Advocacy & Ethics element of the New Practitioners' Programme
• Understanding of diversity and cultural issues and proactive in addressing the needs of people from all backgrounds
• A willingness to work as part of a prosecution team undertaking the type of work listed in 'Casework at Level 3' without compromising professional independence
• Familiarity with, and understanding of, CPS policy guidance including the Code, the Farquharson guidelines and policies in respect of victims and witnesses, hate crime and Violence Against Women and Girls
• An appropriate understanding of the professional relationship between the CPS, the police and the advocate
• Able to lead a prosecution team and manage the strategic direction of the case.

Introduction

Entry to the CPS Advocate 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.

Applicants to Level 4 will generally have in the region of ten years' advocacy experience, but this is a guide, not a criterion.

Application Requirements for Level 4

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

• Completed Level 4 online application form 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. 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, as long as 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.

Please note: The above requirements do not apply to upgrade level 4 applications. Please refer to the separate upgrade applications guidance for full details.

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 table below provides examples of suitable referees for level 4.

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 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 cases where a junior advocate alone is instructed in the 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 witnesses (e.g. where special measures employed) and in handling complex witness issues. They must demonstrate expert up to date legal knowledge relevant to such prosecutions 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 prosecutions. Applicants should also be able to deal with the most complex issues involving confiscation orders under the Proceeds of Crime Act 2002.

In order to score very highly applicants will be expected to demonstrate a range of competencies to an excellent standard in respect of the breadth of casework expected to be undertaken at level 4, including:

Advocacy

• The ability to conduct highest quality advocacy in the range of cases identified in 'Casework at Level 4', often of the utmost gravity
• A superior grasp of trial advocacy skills for sensitive, high profile jury trials in the Crown Court including opening, closing, witness handling and legal argument often in complex multi-handed cases
• Ability to deal with highly complicating factors such as special measures, presenting or challenging complex expert evidence and difficult or sensitive issues of law and/or fact
• Presents 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 expertise in law and practice and up-to-date knowledge of law relevant to prosecutions 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
• An ability to deal with complex investigative techniques

Other Relevant Knowledge, Skills and Experience

• The ability to prepare, prosecute and progress cases confidently and securely using digital technology
• The ability to conduct confiscation hearings in any of the proceedings in which the applicant may be instructed at Level 4
• Obtaining and using evidence from abroad, jurisdictional issues, human rights, restraint and confiscation
• Sufficient knowledge of confiscation and POCA 2002 to be able to handle confiscation as it may arise in any of the cases which fall within their competency
• Relevant defence or regulatory 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, the Farquharson guidelines and policies in respect of victims and witnesses, hate crime and VAW
• An appropriate understanding of the professional relationship between the CPS, the police and the advocate, particularly in cases where there has been lengthy and complex police investigations.

Applicants who have received the outcome of their application will have been advised whether they were successful or unsuccessful for the level applied for. Where the applicant was unsuccessful for either the level applied for or the next level down they may appeal.

Documents:

• Appeals Process - General Crime, RASSO and Specialist Panels

Introduction

Entry to the Advocate Panel specialist RASSO List is restricted to Level 3 and 4 advocates through an application process and is open to appropriately qualified barristers and solicitors who have a Higher Courts Advocacy qualification.

The RASSO List

This specialist list is reserved for advocates at level 3 or 4 who have received CPS accredited training within the last 3 years in respect of rape and serious sexual abuse casework and can demonstrate the experience and ability to undertake cases which exhibit the characteristics of this type of offending.

Applicants will have demonstrated a high standard of ability of criminal advocacy to reach level 3 or 4. In addition they will have experience of conducting sensitive cases with vulnerable witnesses in the Youth Court and Crown Court. They will have developed a good understanding of the issues concerned with rape and serious sexual offence prosecutions to enable them to deal with the sensitivities of these cases to the highest professional standards.

RASSO List advocates will have established a reputation for excellence among court users, including the bench, in dealing with sensitive casework involving vulnerable victims. Applicants will usually have had experience of conducting sensitive or other difficult cases with a sexual element with objectivity, sound judgement and with an excellent approach to victim and witness care. Applicants will have handled prosecutions involving vulnerable victims in a contested trial. Applicants will almost certainly have had experience of defending cases of this nature and will have conducted them to a standard commanding respect.

Applicants will already have demonstrated a range of competencies to an excellent standard to have been appointed at level 3 or 4.

In addition, in order to score very highly for the RASSO List, applicants will need to demonstrate a range of competencies specific to rape and serious sexual abuse casework to a high standard, including:

Consent, Myths and Stereotypes

• Good awareness of the experience of victims and the impact of rape including the neurological impact of trauma on memory
• Rape myths and stereotypes: understanding of the latest advice on rape myths and stereotypes in the context of the changing nature of sexual behaviours and encounter, including changes related to the use of technology
• Rape myths and stereotypes: understanding what evidence might be relevant to the accuracy, reliability and credibility of a complainant’s or defendant’s evidence; and how this can be best handled and presented during a trial;
• Knowledge of consent issues.

Awareness of CPS Policy in relation to Rape

• An appropriate understanding of CPS policy on rape and serious sexual abuse relevant to their level
• The substantive law as contained in the Sexual Offences Act 2003 and other relevant legislation
• CPS commitments to victims and witnesses Including Speaking to Witnesses at Court and the use of intermediaries
• Recent developments in case law
• Familiarity with the CPS/Police joint national rape protocol
• Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings
• Familiarity with key areas of disclosure, including reasonable lines of enquiry, and awareness of guidance relating to digital communications evidence
• An ability to deal appropriately with vulnerable child and adult victims and witnesses, to include:
  • Use of appropriate questioning techniques
  • Full compliance with Ground Rules Hearings, acknowledging that the Rules are sacrosanct and must be adhered to by all participating advocates.
  • Identification of the key issues, resulting in the formulation of focussed, concise and direct questions.
  • Awareness that questions should be pre-drafted for vulnerable and child witnesses and in cases of pre-recorded cross examination (s28 YCJEA 1999).

Medical and Forensic Evidence

• Good knowledge of forensic science in relation to DNA and rape
• The role of Sexual Assault Referral Centres
• The use of medical and forensic evidence in sexual assault cases

Evidence of competency

Applicants should provide details of their knowledge, skills and experience on the online application form under each heading. They should provide relevant examples based on sensitive sexual offence related criminal 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? 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.

References

Applicants for the RASSO List should have one reference. Applicants will notify a referee via the online application portal. Referees will be asked to consider the competencies of the applicant against the RASSO List selection criteria under the following headings:

1. Their role and knowledge of the applicant’s work
2. Legal decision making and case strategy  
3. Advocacy
4. Interpersonal skills
5. Additional information

Training

Applicants should provide confirmation that they have completed CPS accredited training in relation to the prosecution of rape and sexual offences. The training should have been completed within the last three years to be relevant for new applicants.

It is the responsibility of individual advocates to ensure they have completed CPS accredited training in accordance with these requirements.

Advocates must undertake accredited refresher training every 4 years. If this does not occur, the relevant Circuit Advocate Liaison Committee will be invited to consider the position and take appropriate action.

Every effort should be made to attend a CPS accredited RASSO training course in person. However, accredited training can be completed in one of the following ways:

• Attendance at a training seminar that has been accredited by the CPS;
• Attendance with colleagues at an event where a recording of an accredited training seminar is viewed and discussed;
• Attendance at a Serious Sexual Offences seminar organised by the Judicial College;
• Viewing of a recording of an accredited seminar in circumstances where it is unreasonable to expect attendance at an organised event or seminar.

Please note, the following courses do not count as RASSO Refresher training:

• Vulnerable Witness/Advocates Toolkit Training
• Section 28

Process of Accrediting a Course

For a course to be accredited, the following must occur:

• The Advocate Panel Team must be contacted at least six weeks prior to the holding of the seminar/course, and a copy of the timetable and any pre-reading, or presentations will be sent to the CPS Central Legal Training Team;
• If the course meets the criteria, then it will be accredited;
• If the course doesn’t fulfil the criteria, the CPS will inform the course providers with details on where the course can be improved;
• In such circumstances, once amendment has been made, the course can be re-submitted for accreditation;
• If possible, a member of the CPS should be invited to attend an in-person training event for the purposes of quality assurance; If attendance is not possible, the course may proceed without a CPS representative.
• Once a course has been held, a list of attendees must be sent to the Advocate Panel mailbox. The Advocate Panel Team maintains a training schedule which records attendance at RASSO Refresher training.
• CPS accreditation will be valid for four years. After that, the course must be re-evaluated.

Mandatory areas for inclusion in seminars

• The substantive law as contained in the Sexual Offences Act 2003 and other relevant legislation;
• Recent developments in case law
• The experience of victims - neurological impact of trauma on memory and dealing with vulnerable victims
• The latest advice on rape assumptions and misconceptions, including in light of the changing nature of sexual behaviours and encounters
• CPS policy including the CPS/Police joint national rape protocol, CPS commitments to victims and witnesses
• Best practice re: out of court work; digital prosecuting
• Section 41 YJCEA 1999;
• Dealing effectively with rape assumptions and consent issues at court
• Reasonable lines of enquiry and communications evidence

Policies and Protocols

Counsel will be expected to be familiar with the following polices and protocols which can be accessed via the following links. Pre-course instructions should contain links to these documents, available from the 'National protocols and agreements with other agencies' page on the CPS website:

• ACPO-CPS Joint protocol on the investigation and prosecution of allegations of rape 2015
• 2013 Protocol and good practice model ("2013 Protocol"): Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings

Other guidance

Policy for prosecuting rape
Speaking to Witnesses at Court
CPS Errant Conduct and Poor Performance Guide

Prosecution Guidance

• Child Sexual Abuse
• Rape and sexual offences guidance
• Guide to reasonable lines of enquiry and communications evidence
• Controlling or coercive behaviour in an intimate or family relationship
• Care and treatment of victims and witnesses, including
  • Code of Practice for Victims of Crime (Ministry of Justice publication)
  • Victim’s Right to Review
  • Victim Communication and Liaison Scheme

CPS toolkits

• Consent toolkit for advocates
• Toolkit for Prosecutors on Violence Against Women and Girls Cases Involving Vulnerable Victims
• Psychological evidence toolkit for prosecutors
• Same sex sexual violence and sexual violence involving a trans complainant or suspect/defendant - Toolkit for Prosecutors
• Digital media toolkit (when published)

Other toolkits

Toolkits developed by The Advocates Gateway (TAG) which provide advocates with general good practice guidance when preparing for trial in cases involving vulnerable witnesses.

Training video

• Understanding the impact of trauma, rape and sexual assault on a vulnerable victim