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Independently investigating Miscarriages of Justice Candidate Information Pack for the post of Kalisher Intern (3/20)

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Page 1: CRIMINAL CASES REVIEW COMMISSION€¦  · Web viewThis was demonstrated when, in my final interview at Chambers, I was asked for my views on Joint Enterprise in the Supreme Court

Independently investigating Miscarriages of Justice

Candidate Information Pack for the post ofKalisher Intern

(3/20)Starting salary: £17,893Closing date: 12.00 midnight on 21 June 2020

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Criminal Cases Review Commission

The CCRC deals with complex matters across a broad range of cases and has dealt with some of the most serious miscarriages

of justice of the last fifty years.

Our valuesIntegrity, Motivation, Proactivity,

Accountability, Courtesy, Timeliness.

The CCRC is based in Birmingham and is the independent organisation set up to investigate suspected miscarriages of justice from magistrates’ courts, the Crown Court in England, Wales and Northern Ireland and the Court Martial and Service Civilian Court.

We take a fresh, independent look at suspected miscarriages of justice. Our principle role is to investigate cases where people believe they have been wrongly convicted of a criminal offence or wrongly sentenced.

Ultimately, we assess whether convictions or sentences should be referred to a court of appeal.

Further information on the CCRC may be found on its website, www.ccrc.gov.uk

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Welcome

Sometimes, though rarely, something goes wrong in a criminal case so fundamentally that it leads to a wrongful conviction – there might not have been a crime at all, the wrong person might have been convicted, or the process might have failed so significantly that the conviction is unsafe. Can you help us to spot the crucial flaw in the case that everyone else missed at trial and on appeal?

Have you recently completed (or are about to complete) the BTPC? Do you have a passion for criminal law and fairness? Are you sharp-minded, impartial, resourceful, inquisitive and tenacious? Can you show exceptional promise as a criminal advocate? Can you demonstrate modest financial means? Can you work within a team, supporting case investigations, research and analysis by Case Review Managers? If so, I’d be delighted to hear from you about our Kalisher Internship. The role is thoroughly interesting and rewarding, allowing you a 360o

vantage point on a range of criminal cases, arming you with unique experience. Most of our Interns who seek pupillage in Chambers go on to secure one.

Interns are members of our case-working groups, with Case Review Managers and Casework Administrators, each with its own Group Leader to provide management and support. Interns have specific case-related tasks allocated to them and, through those, provide casework support and assistance in our case reviews. A case review can take anything from a matter of hours to over a year, depending on the issues, complexity and availability of materials. Most of your work will relate to cases at the most serious end of the criminal spectrum.

If this sounds like the job for you, then I look forward to hearing from you.

Sally BerlinDirector of Casework Operations

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Job Description

Job Title: Intern

Reports to: Group Leader

Purpose of the Role:

The role of the Intern is two part - firstly to provide casework assistance to CRMs and to the Investigations and Legal teams. The second part will be to complete a research project agreed at the outset of the internship.

Key Tasks:

The Intern reports to the Group Leader and provides casework assistance in response to requests.

Interns will have the opportunity to develop skills. The key tasks may include: Under supervision, investigating lines of enquiry, assimilating and evaluating potentially

extensive and complex material and information relevant to the case, re-evaluating as necessary during the course of the review

Preparing summaries and chronologies Assisting the Case Review Manager in drafting Statements of Reasons Assisting CRMs and/or the Investigations team to interview and take statements from

applicants, witnesses and other relevant parties Undertaking a research project based on the work of the CCRC. The project scope, plan

and output will be agreed at the outset of the internship Undertaking legal and other research Assisting with casework administration Communicating effectively with CCRC staff, Commissioners, applicants, their

representatives, appropriate public and private bodies and individuals associated with the case taking into account the potentially conflicting needs of external parties and the CCRC

Ensuring compliance with the CCRC’s obligations on disclosure, security and confidentiality of information

Ensuring compliance with the CCRC’s obligations under the Victims Code Keeping up to date with developing law, practice and policy As may from time to time be appropriate:

o serving on, and/or providing assistance to, in-house working groupso preparing and delivering training and presentations

Skills and Knowledge

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A good understanding of the legal framework of the CCRC and the legal restrictions and powers granted to it

A good level of understanding of casework processes Strong oral and written communication skills reflecting the need to deal with CCRC staff,

Commissioners, applicants, members of the public and senior figures in the criminal justice system

An ability to act on initiative within the boundaries of the CCRC’s case procedures and arrangements agreed with CRMs, Commissioners and Advisers

To be able to deal with applicants, their representatives and other stakeholders Competent in the use of IT equipment and packages

Personal Qualities The ability to achieve accurate and timely results, balancing the needs of timeliness and

thoroughness and remaining focused on the work The ability to plan, schedule and prioritise conflicting demands particularly when

supporting several people at one time To be a good team player and encourage partnership working closely with CCRC staff

and Commissioners The ability to follow guidelines with accuracy and consistency The ability to keep clear records of work done and its outcome Drive and commitment to promote the role The desire to improve personal effectiveness, recognising own strengths and

weaknesses and considering ways to improve An understanding of and commitment to diversity, and how it applies to this role

Internships with the Criminal Cases Review Commission (CCRC)

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 With the support of the Kalisher Scholarship Trust, the CCRC is offering one internship which will be available to those who completed the BTPC in 2019 or 2020. The internship will be for a period of up to 12 months starting November 2020, subject to all pre-employment checks being complete. The funds made available through the Commission will be known as "Kalisher Internship Awards". Additional funding is made available by the CCRC.

Of our previous interns, approximately 70% who have sought pupillage have been successful as a result of their internship with us.

What a former Intern has to say

The Commission’s Head of Legal has been my official Mentor. I could not have asked for a better one. My role has been split between general legal research support to all staff, in particular the Case Review Managers, and a research project based on the work of the Commission. I was principally assigned to a casework group under the supervision of Group Leader, but was available to complete tasks for all staff who requested assistance.

Legal Research

In terms of legal research, I have prepared memos and attended meetings on a vast range of topics. This reflects the breadth of the work that the Commission undertakes. Some examples include research into:

The “lurking doubt” principle; Common law “texts” or credit for assisting the authorities; Proportionality in Confiscation Orders; Update on the “Cannings” case law regarding expert evidence; The use of the right of stand by in Northern Ireland; and Responding to Judicial Reviews.

Investigation

I have also been exposed to the Investigatory aspect of the Commission’s work. This practical experience has been extremely enjoyable and, on a personal development level, has given me an insight into many sections of the criminal justice system. Examples include:

A visit to a Category A prison to interview an applicant; An interview with a retired police officer in his own home; Meeting a Public Defender Service barrister; Reading PND and Social Services material; Attending a police station to deliver and collect interview tapes; and Observing a Commission reference at the Court of Appeal.

Education

The Commission itself organises a variety of talks and “Knowledge Cafés” for the benefit of staff continuing development. For instance, one Case Review Manager is a former forensic scientist and she gave a fascinating talk on DNA. Indeed, the range of backgrounds and previous careers that my colleagues bring to the Commission provides an amazing array of expert knowledge that I have tried to take every opportunity to learn from.

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Research Project

Under the supervision of the Commission’s Customer Service Manager, I completed my research project. The project centred on the “No Appeal” cases that currently make up a large proportion of the Commission’s workload. I gave a presentation to staff about my findings. There is scope for an external academic to undertake a detailed study into this issue and I attended a meeting with Warwick University. I think that completing a research project is an excellent idea for an intern in order to learn about how the Commission’s casework process works.

Next steps

I am happy to report that I was offered a criminal pupillage, to commence in the October following my internship. Before then, I will undertake a 5 month paid traineeship at the Court of Justice of the European Union’s Press Office in Luxembourg.

I am convinced that being a Kalisher Intern was a decisive factor in securing both of these positions. This was demonstrated when, in my final interview at Chambers, I was asked for my views on Joint Enterprise in the Supreme Court case of Jogee. Having already discussed this case, in great detail, with my colleagues, I had the confidence to debate with the panel, felt that I truly understood the issues and had the practical experience to justify my opinions.

Another Intern has said

The Commission’s Legal Advisor, is my official Mentor. He has provided willing and beneficial advice at any opportunity requested. My role is split between general legal research support for the Case Review Managers, case analysis (including on cases that have been allocated to me) and a research project based on how the Commission communicates with young people. I am assigned to a casework group under the supervision of a Group Leader, who has provided excellent guidance and supervision, but I am also available to complete tasks for all staff.

Legal Research

I have prepared case support and guidance on a huge variety of legal topics. This reflects the breadth of the work that the Commission undertakes. Examples include:

Adverse inferences; Fitness to plead; Application of human trafficking law to victims of exploitation in county lines drug

trafficking cases; The approach of the Court of appeal to mental health and learning disabilities; False confessions; and Joint Enterprise in light of R v Jogee [2016] UKSC 8.

Investigation

I have also assisted the Investigatory team at the Commission. This practical experience has been extremely enjoyable and has given me an insight into a wider section of the criminal justice system. Examples include:

A visit to a Category B prison to interview an applicant; An interview with an applicant at liberty; Meeting young applicants as part of my research project into how the Commission

communicates with young people; Reading PND and Social Services material;

Education

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The Commission organises a variety of talks and “Knowledge Cafés” for the benefit of staff continuing development. For example, we have had a talks on:

updates in the field of forensics from one of our Case Review Managers; a discussion on disclosure in light of the collapsed prosecution cases; and a talk on Autism.

The range of backgrounds and previous careers of my colleagues at the Commission provides a wealth of expert knowledge that can be utilised at any opportunity.

Research Project

Under the supervision of the Commission’s Customer Service Manager, I am undertaking a research project on how the Commission communicates with young people. This has involved a significant literature review of the topic, conducting interviews with significant figures in this area and I will be presenting my findings to staff on a continued basis as this progresses. This has provided a great balance to casework tasks and the opportunity to impact on the Commission’s work and develop further knowledge of the criminal justice system has been invaluable.

Outreach

I have had unique opportunities to assist the outreach programme of the Commission. Beyond my ongoing research project I am also due to assist on a youth focus panel group and the creation of a new Easy Read document for the Criminal Procedural Rule Committee. This experience has been particularly engaging and has provided the opportunity to make a broader impact on the work of the Commission.

Next steps

I am happy to report that I have been offered a common law pupillage, to commence in September.

I have no doubt that being a Kalisher Intern was a significant factor in securing this and made the difference to my application last year. The experience significantly boosts the chances of getting an interview, but experiences at the Commission also assist in building confidence, communication skills and provides continued opportunity for demonstrating judgement and tackling complex legal issues.

The role of the Commission and the work of the exceptional people here has provided a unique insight into the criminal justice system. I am grateful for the chance to contribute and assist to this invaluable work and would wholly recommend this experience to anyone seeking a career in criminal law.

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TERMS AND CONDITIONS OF EMPLOYMENT

REMUNERATION

The starting salary for the post is £17,893 per annum, based on a full time 37 hour week.

Pension - Working at the CCRC, you will be eligible to join the Civil Service pension arrangements, which form an important part of the pay and reward package we offer our employees. If you join the pension arrangements we will contribute a significant amount of money to your pension.

1 post, Fixed Term for 12 months, Full time.

BENEFITS

29 working days annual leave allowance, in addition to 8 statutory bank and public holidays.

The Civil Service Pensions Scheme - A competitive contributory pension scheme that you can enter as soon as you join where we will make a significant contribution to the cost of your pension; where your contributions come out of your salary before any tax is taken; and where your pension will continue to provide valuable benefits for you and your family if you are too ill to continue to work or die before you retire.

Generous paid maternity, paternity and shared parental leave (SPL) which is in excess of the statutory minimum.

Interest-free loans allowing you to spread the cost of an annual travel season ticket and the purchase of a bicycle;

Occupational Health Services and an Employee Assistance Programme.

We have Flexible working patterns including access to Flexible Working Schemes, part time and job share allowing you to vary your working day as long as you work your total of 37 hours per week (excluding lunch breaks). Staff have the option to apply to work from home for up to 2 days per week.

SECURITY CLEARANCE

This role requires clearance to CTC (Counter Terrorist Check) level before any appointment can be confirmed. This process can take up to 12 weeks.

LOCATION

The Commission is located in central Birmingham.

CODE OF CONDUCT9 of 13

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Staff are expected to abide by a written Code of Conduct. Staff are also bound by provisions in the Act that make it an offence to disclose information obtained by the Commission in the exercise of its functions, except in certain prescribed circumstances.

WORKING AT THE COMMISSION

The Commission actively seeks to provide a supportive environment in which all staff are encouraged to, and can, give their best. The open-plan working environment encourages this approach. Employees are encouraged to share their knowledge with colleagues and to develop their skills and experience.

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APPLICATION AND SELECTION

The closing date for applications is 12:00 midnight on 21 June 2020 (this has been extended to support individual’s seeing / receiving communications in the current climate regarding this opportunity)

To apply, please provide us with:

1. A brief up-to-date CV (no more than 2 pages of A4 word document. Please ensure you do not include anything that that identifies you individually, such as age, gender, ethnicity or disability status;

2. A statement of no more than 500 words (word document) setting out why you believe you meet the selection criteria for a Kalisher Award. This was set up in 1996 in memory of Michael Kalisher QC and intended to encourage and assist those intending to practice at the Criminal Bar who demonstrate “exceptional promise but modest means”. The selection criteria are:

Intellectual ability - demonstrated by academic performance, past work, activities and other experience.

Motivation to succeed at the Criminal Bar - including steps taken to acquire the personal skills required of a Barrister, and a demonstration of the will to succeed.

Potential as an advocate - both in oral and written skills.

Personal qualities - including self-reliance, independence, integrity, reliability and humanity.

Financial need - information demonstrating financial need.

3 An essay of no more than 1000 words (word document) on “The Impact of the Criminal Cases Review Commission on public confidence in the Criminal Justice System”.

4 A completed Personal Details and Equal Opportunities monitoring form.

Completed applications should be sent to:

E-mail: [email protected]

If you are selected for appointment, the Commission will carry out enquiries into your previous employment, your availability to work in the UK and your health. It is a requirement that the post holder achieves the necessary security clearance level.

Existing Civil Servants sign a new employment contract and do not have continuous service on joining the CCRC, however, pensionable service with the Civil Service Pension Scheme would continue.

Guaranteed Interview Scheme (GIS) We guarantee to interview all disabled applicants who meet the minimum selection criteria. By minimum criteria we mean that you must provide us with evidence in your application form that you meet the level of competence required for each competency as well as meeting any of the qualifications, skills or knowledge defined as essential. Please see page 3 of the Equal Opportunities form for more details.

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Candidates who are invited to the next stage of the recruitment process will participate in a competency based interview and test.

If you require any assistance or adjustments to be made for the psychometric test or at the interview, please contact us on the number or email above or complete the box on page 3 of the Equal Opportunities form.

NATIONALITY

The post is open to UK Nationals, Commonwealth Citizens, EEA nationals of other member states, Swiss nationals and certain non-EEA family members. Applicants must have been resident in the United Kingdom for at least three years preceding the application. Other nationalities may also be able to apply, but there should be no employment restriction on an applicant’s permitted stay in the United Kingdom. If unsure of your status please explain in a letter accompanying your application.

EQUAL OPPORTUNITY

The Commission welcomes applications from candidates regardless of ethnic origin, religious belief, gender, sexual orientation, disability, age or other irrelevant factors. Commissioners and staff are expected to adopt the same principles of equality when carrying out their duties for the Commission, both internally and when dealing with external stakeholders.

DATA PROTECTION ACT 2018

As part of any recruitment process, the CCRC collects and processes personal data relating to job applicants. The CCRC is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.

The CCRC will hold recruitment records for a period of two years after the end of the relevant recruitment process. This will ensure that there is sufficient information to conduct an investigation if you submit a complaint. At the end of that period or once you withdraw your consent, your data is deleted or destroyed.

If you agree to allow the organisation to keep your personal data on file, the CCRC will hold your data on file for consideration for future employment opportunities. At the end of that period or once you withdraw your consent, your data is deleted or destroyed.

If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your personnel file and retained during your employment. The periods for which your data will be held will be provided to you in a new privacy notice.

Please see our website for further details. 

COMPLAINTS

If you wish to make a complaint in relation to any stage of the recruitment and selection process please email Robin Davis, Head of Human Resources at [email protected]. Please ensure that you quote the vacancy reference number. If you remain dissatisfied following the outcome of your complaint you have the right to contact the Ministry of Justice to pursue it further.

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