Treasury Counsel (Crime) - Statement of Expectations

1.    Treasury Counsel are a team of specialist advocates who prosecute many of the most serious and complex cases in the country, and advise and appear on behalf of the Law Officers, the Crown Prosecution Service (CPS) and other government departments. They are based in “the Room” at the Central Criminal Court.

2.    Appointment as Treasury Counsel (TC) is a privilege, but it comes with significant responsibility and requires a considerable professional and personal commitment over a lengthy period of an individual’s career.

Purpose

3.    This document sets out the reciprocal benefits and expectations that the Law Officers, the Director of Public Prosecutions and TC have, detailing the key aspects of how the Room operates and the role of Treasury Counsel individually and collectively. It fundamentally reflects existing and well-established practice and has been produced for the benefit of the TC team, those who work and interact with them, and anyone with an interest in their role and work – including those who aspire to become TC in the future.

4.    The Statement of Expectations has been developed by the Treasury Counsel Committee (TCC) in consultation with the Treasury Counsel team. It has been approved by the Law Officers upon the recommendation of the Director of Public Prosecutions (DPP). It will be reviewed annually by the Treasury Counsel Committee (TCC).

Appointment

5.    Treasury Counsel are appointed by the Attorney General, upon recommendation from the DPP. Responsibility for the TC recruitment process is delegated to the TCC, which is chaired by the Chief Crown Prosecutor for London (North). The TCC comprises members of the Attorney General’s Office (AGO) and the Crown Prosecution Service, together with First Senior Treasury Counsel.  

6.    The TCC is responsible for ensuring that the recruitment cycle for Monitorees, Junior Treasury Counsel, Senior Treasury Counsel and First Senior Treasury Counsel is strictly adhered to, providing certainty as to the duration of appointments and progression for those in the Room, and opportunities to attract new talent from across the Criminal Bar. Recruitment into TC roles is undertaken on a three-year cycle to align with periods of appointment – see below.

Periods of Appointment

7.    The table below sets out the periods of appointment as they apply to First Senior, Senior, Junior and Monitorees.

8.    The extension of periods of appointment for Senior and Junior TC are at the discretion of the Law Officers.

9.    Where a member of the Room wishes to leave prior to completion of their period of appointment, they are obliged to provide one month’s notice in writing to the Law Officers, save in exceptional circumstances.

10.    There is no requirement for those applying or appointed as Senior Treasury Counsel to have taken Silk or to secure appointment as King’s Counsel whilst in that role. When considering the instruction of a Silk all Senior Treasury Counsel (whether in Silk or not) are deemed by the Law Officers to be of at least equivalent ability to experienced Silks.  However, King’s Counsel are precluded from applying or serving as Junior Treasury Counsel. In circumstances where Junior Treasury Counsel take Silk during their period of appointment, they will be required to stand down from that role.

11.    Where a Junior TC is appointed Senior TC a joint review of their existing caseload may be appropriate. This provides an opportunity to consider existing Junior TC instructions against level of work expected in the Senior role and ensure that the level of representation and role performed by the advocate remains appropriate in each case e.g. where a newly appointed Senior TC was originally instructed as a led junior and there are now two Senior TCs instructed in the same case. Such a scenario will not automatically require the led junior instruction to be returned to a Junior TC and each case will be considered on its own merits. A similar joint review will take place where a Junior TC takes Silk in circumstances where they are then required to leave the Room.    

Treasury Counsel Work

12.    Treasury Counsel undertake criminal work on behalf of the Law Officers and a significant amount of the CPS’s most high-profile or challenging work, (both in London and nationally), as well as undertaking work for the Serious Fraud Office and for the Government Legal Department (if criminal law expertise is required).

13.    It is expected that during the course of their appointment Treasury Counsels’ practice will predominantly be work for the Law Officers and departments they superintend, particularly the CPS [“Treasury Counsel work”]. TC may expect that they will receive sufficient and regular instructions from the Law Officers and those departments to meet this important expectation and that there will be a fair allocation of that work amongst the TCs.

14.    In all CPS cases in which a high level of media coverage is likely to occur and/or where national security or equivalent sensitivity or significant complexity arises or where a novel issue of law arises, consideration will be given to the instruction of Junior TC and/or Senior TC. TC work will naturally include, but is not confined to, homicide and counter-terrorism work, especially multi-defendant cases. Whilst those cases will often be in London this expectation is not geographically limited and TC will undertake, if not incompatible with other commitments, such cases wherever they are to be tried/heard so that the geographical reach of “the Room” is expanded. Although, historically, some CPS Areas and specialist Units would not have considered using TC for advisory or advocacy work, they are now encouraged to consider using TC for the types of cases set out above.

15.    Throughout their period of appointment TC will be available to undertake work at short notice and/or under pressure of time, subject to other professional commitments.

16.    ULS work for the Law Officers forms an important aspect of the role of TC. It is undertaken under significant pressure of time and requires rigid adherence to the deadlines set by reference to the statutory time limit and the timescales set by the Court of Appeal that flow from a decision to refer a sentence. All members of the Room will undertake a reasonable amount of that work during their appointment, and this may include assisting the Law Officers to present those applications in the Court of Appeal. Following any hearing TC will provide any necessary feedback and/or learning points to the Attorney General’s Office. In addition, First Senior TC’s clerk will seek to ensure the fair allocation of that work including to the TC Monitorees.

Security Clearance

17.    Treasury Counsel appointees are required to undergo security vetting appropriate to their level and/or the nature of work they undertake. Senior Treasury Counsel are expected to undergo and secure Developed Vetting (DV) clearance, and Junior Treasury Counsel and Monitorees are expected to undergo and secure Security Check (SC) clearance.

Non-Treasury Counsel Work

18.    Appointment as TC does not preclude accepting and undertaking other non-TC work, including defence work, but throughout the tenure of their appointments TC will seek to prioritise and be available for acceptance of instructions in TC work, thereby ensuring there is the capacity to undertake that work.

19.    There are positive advantages to TC undertaking some non-TC work during their period of appointment. It ensures that they remain independent and objective and helps to widen their core skills. The ability to do so is also important in respect of widening the pool of potential applicants to the Room.

20.    Given the priority to be afforded to TC work, where acceptance of non-TC work is likely to result in TC being unavailable to undertake TC work (advocacy) for a period of three months or more, the Law Officers and the Chair of the Treasury Counsel Committee should first be consulted to make an assessment as to capacity and the impact their absence would have on the TC team. Such consultation should also involve liaison with First Senior TC on issues of capacity and impact on the Room and any other relevant considerations. There would be an expectation there would only be one such consultation in any calendar year. TC should notify the Law Officers of any significant period of unavailability not related to TC work e.g. maternity/paternity leave.

Continuity/Returns

20.21.    Given the nature of TC work and the role of Treasury Counsel, there is an expectation that continuity of counsel will be maintained. It follows that, wherever possible, TC work should not be returned.  

22.    In circumstances where a return is unavoidable, there must be good reason and it should happen as soon is reasonably practicable, with an alternative TC or (where appropriate) Monitoree identified. The ultimate decision as to who a case should be returned to is that of the instructing lawyer and they should be consulted at the outset. TC work should not be automatically returned to somebody within their own Chambers.

Centre of Excellence

23.    With the support of the AGO and CPS, TC will also play an active part in maintaining and promoting “the Room” as a centre of excellence and learning by contributing to the on-going development of themselves and others. This includes mentoring the Monitorees and may also include the provision of training, if requested, to specialist Units within the CPS and/or on the CPS intranet. TC will always work collaboratively within “the Room”, with other advocates, and with those instructing on both a formal and informal basis.

24.    Throughout their period of appointment, TC will maintain up to date legal knowledge and the highest standard of legal and advocacy skills, both oral and written and across the full range of TC work, in accordance with the relevant policy and guidance. That includes pre-charge advice, trials across all areas of case work, appellate work and public law work.

Supporting Monitorees

25.    The process for appointment as Junior Treasury Counsel requires selected junior advocates (“Monitorees”) to be monitored for a period of up to 3 years. Those in the Room provide support for Monitorees, which includes mentoring and training, together with providing informal support.

Equality, Diversity and Inclusion

26.    Equality, diversity and inclusion are at the heart of being a TC and are fundamental to building the confidence of all the communities that TC serve. TC are expected to work collaboratively both with each other and externally, including with the Bar, Circuits, Chambers, CPS, and AGO to ensure actively that the diversity of “the Room” is widened to reflect the communities we serve as well as its geographical reach and the chambers from which TC are drawn. This includes work explaining the role of TC and encouraging applications from those who are not in chambers which already have a presence in the Room, sharing experiences, encouraging shadowing and work experience, and participating in relevant events.

Championing the Room

27.    TC are role models who are expected to champion both their role and that of the Room with both CJS stakeholders and the public we serve, highlighting the positive contribution it makes to delivering justice and maintaining high standards.  

TC Pathway

28.    The Pathway is a 12-month positive action scheme for advocates who have the potential to become Treasury Counsel in the future - particularly those from underrepresented groups, or who may not, ordinarily, see themselves as Treasury Counsel. It provides participants with a better understanding of the standards and skills required of Treasury Counsel.

29.    Those in the Room commit to assisting First Senior TC and the CPS with the TC Pathway and other similar initiatives, including the mentoring and training of the pathway participants.