Trainee Solicitor JP September 2016 (3)

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Cumbria Constabulary

HAY JOB PROFILE

Job Title: Trainee Solicitor Department: Legal Services

Reports To: Senior Legal Advisor Location: Headquarters Director of Legal Services

All employees must ensure compliance with the Cumbria Constabulary Health and Safety Policy, and all other relevant statutory health and safety Legislation. This job profile has been written primarily for evaluation purposes and may not detail some less major duties allocated to the post holder, nor cover duties of a similar nature, commensurate with the grade, which may from time to time be reasonably required by the relevant manager.

1. JOB PURPOSE

To provide and participate in the provision of a comprehensive legal service to the Chief Constable, Chief Officers, Officers and Police Staff across a broad variety of legal work, whilst striving to obtain best value for the Constabulary.

2. PRINCIPAL ACCOUNTABILITIES

2.1 To assist in the management and progression of various civil orders in the County Court and Magistrates Court (including Anti-Social Behaviour Orders, Football Banning Orders, Proceeds of Crime Act Applications, Applications pursuant to the Sexual Offences Act 2003 and Anti-Social Behaviour Act 2003) as required by the Senior Legal Advisor. This will include conducting the Applications in Court, instructing and liaising with Counsel (where necessary), identifying and checking relevant documents and preparing court bundles.

2.2 To advise upon, prepare, and present civil cases in the Magistrates Court, including advocacy.

2.3 To assist in the management and defense of civil claims against the Chief Constable/Police and Crime Commissioner for Cumbria in the civil courts including instructing and liaising with Counsel, drafting court pleadings and applications, advocacy, identifying relevant documents and preparing court bundles.

2.4 To assist in the management and defense of claims made against the Chief Constable/Police and Crime Commissioner for Cumbria in employment tribunals including instructing and liaising with counsel, drafting tribunal papers and applications, advocacy, identifying relevant documents and preparing tribunal bundles. Assist in the provision of legal advice upon the interpretation of Employment law and support to Human Resources.

2.5 Undertake investigations in respect of civil claims/employment tribunal proceedings, assessing the evidence and advising on the merits of the claim/tribunal proceedings.

2.6 To assist in the provision of advice and support to the Professional Standards Department including advice and assistance in both complaints and misconduct cases. This may include presenting complaints/misconduct cases at a disciplinary hearing.

2.7 To assist in the provision of legal advice upon the interpretation of the Police Regulations, Police Pension Regulations, and the Police Efficiency Regulations.

2.8 To assist in the provision of accurate and timely expert legal advice on a wide range of commercial agreements including advising on the Police and Crime Commissioner for Cumbria’s contracts and NOT PROTECTIVELY MARKED NOT PROTECTIVELY MARKED

procurement and tendering procedures. There will be a particular requirement to assist in the negotiation, drafting, advising upon, checking and approval of commercial agreements, including IP/IT, Telecoms, PFI, service and supply.

2.9 To assist in the provision of legal advice on various commercial property law matters in respect of purchase, sale or lease of property/land for police purposes, including negotiating, drafting and approving agreements.

2.10 To assist in advising Public Protection Units on disclosure issues, including assisting in making applications for disclosure and to ensure that all disclosure of information retained by the Constabulary is undertaken in accordance with the law whilst protecting the wider interests of the Constabulary. This may include representing the Constabulary in the family courts.

2.11 To assist in the provision of advice on all aspects of liquor licensing, including presenting cases / applications to the Licensing Panel, conducting and presenting / defending appeals in the Magistrates’ Court / Crown Court as required.

2.12 Brief Counsel and attend court/tribunals/inquests in respect of complex litigation matters in order to ensure effective and successful advocacy on behalf of the Chief Constable/Police and Crime Commissioner for Cumbria.

2.13 Apply enhanced communication skills to assist in providing professional legal advice to project boards and working groups within the Constabulary which require the advice of a lawyer.

2.14 To assist the Director of Legal Services in providing general legal advice and support to senior police management, operational officers and staff on a wide range of matters, which have a legal input or implications by means of central advisory and executive service.

2.15 Interview witnesses and draft witness statements for use in legal proceedings.

2.16 Assist in the preparation and delivery of reports and briefings to the Police and Crime Commissioner for Cumbria.

2.17 The accountabilities outlined above cannot totally encompass or define tasks, which may be required of the post holder. They may, therefore, vary from time to time without materially changing either the character or level of responsibility and these factors are reflected in the grade applied to the post.

3. DIMENSIONS

3.1 The post holder has no supervisory responsibility. The post holder will be required to assist in the provision of advice, direction and guidance to officers and staff across the range of legal issues affecting the police service.

3.2 Although the post holder does not have budgetary responsibility there must be an awareness of financial ramifications in his/her work and a constant regard for efficiencies in the service. This is most evident in the conduct of most legal files, court applications, drafting/approving contracts as well as the selection and instructing of Counsel and external solicitors

4. KEY FEATURES

4.1 Framework and Boundaries

The highest standards of ethics and integrity must be maintained throughout. The post holder will comply with and work within Force Policy, Health and Safety legislation, Police Staff Terms and Conditions, Employment Legislation, the Data Protection Act and the Human Rights Act. The post holder will ensure that Constabulary policies are adhered to and non-compliances are dealt with by taking appropriate action.

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The post holder will participate in a full range of legal services work and will be expected to develop his / her knowledge and skill in order to progress a complex and diverse caseload. The post holder will be expected to keep abreast of changes to the criminal and civil law and to provide effective, timely and reliable legal advice on a range of issues of the highest level. The post holder will support the Director of Legal Services in the smooth running of the department.

4.2 Important Working Relationships

Internal - Director of Legal Services - Line Manager - Senior Legal Adviser - Line Manager - Legal Advisors - Line Management - Chief Officer Team - Advice / Guidance / Joint Working - BCU Commanders - Advice / Guidance / Joint Working - Department Heads - Advice / Guidance / Joint Working - Professional Standards Department - Advice / Guidance / Joint Working - Criminal Justice Unit - Advice / Guidance / Joint Working - Occupational Health Unit - Advice / Guidance / Joint Working - Police Officers - Advice and managing civil order applications on their behalf.

External - Court Services - Joint working - Other Force Solicitors - Exchange of information and joint working - Barristers - Instructing to act for the Constabulary - Local Lawyers - Defending applications at Court - Crown Prosecution Service - Inter-Agency working, joint working. - Other Criminal Justice Agencies - Inter-Agency working. - Insurers - Provision of information. - Local Authorities & - Agreements / Joint Working Housing Associations - Commercial Organisations - Agreements / Joint Working - Police and Crime Commissioner for - Advice / Guidance / Joint Working Cumbria

4.3 Major Challenges

The post holder will participate in a wide range of legal services activities and will be expected to appear and present cases in Court on behalf of the Chief Constable/Police and Crime Commissioner for Cumbria as authorised to ensure that the interests of the Constabulary and/or Commissioner are protected.

The post holder will be expected to:-

 To assist in the provision of effective, efficient and reliable legal advice on a range of complex legal topics at the highest level  To assist the Director of Legal Services and the Senior Legal Advisor in the smooth running of the Legal Services Department  To ensure that value for money is achieved when outsourcing any legal work on behalf of either the Constabulary or the Police and Crime Commissioner for Cumbria.  To keep abreast of recent changes in criminal and civil law  Support departmental activities relating to corporate improvement activities.

4.4 Knowledge, Skills and Experience

 Educated to degree level in law or a relevant subject or ILEX Level 6 Professional Higher Diploma in Law.  Successfully passed Law Society Finals or Legal Practice Course or equivalent.  Relevant experience in a Solicitor’s office/Chambers dealing with civil or criminal litigation (desirable).  Legal experience within the public sector and preferably within the Police Service. (desirable)  Ability to present cases/applications in both the Magistrates’ Court and the County Court  Experience of presenting cases/applications in both the Magistrates’ Court and the County Court (desirable).  Ability to demonstrate relevant experience of legal research.  Experience of drafting court papers (desirable).  Experience of interviewing witnesses and drafting witness statements (desirable).  Experience in briefing Counsel, where necessary (desirable).  Ability to compose letters, statements, reports and files of evidence (desirable).  IT proficient in common office applications, e.g. Microsoft Office.

4.5 Police Professional Framework

 Serving the Public  Openness to changes  Professionalism  Decision Making  Working with others

5. ORGANISATION CHART

DEPARTMENTAL STRUCTURE

Director of Legal Services

Senior Legal Adviser

Legal Adviser x 4 Administration Officer

Trainee Solicitor Administration Assistant

Agreed by Post Holder: Date:

Line Manager: Date:

Head of Department/ Division: Date:

CUMBRIA CONSTABULARY

PERSON SPECIFICATION

JOB: Trainee Solicitor POST No:

LOCATION: Headquarters, Legal Services

Essential Desirable

Experience Ability to present cases / Relevant experience in a and applications in the Magistrates’ Solicitor’s office/Chambers Knowledge and County Court (Advocacy) dealing with civil or criminal litigation Skills & competencies required. Ability to demonstrate relevant Eg Geographical knowledge of experience of legal research Legal experience within the public the area, familiarity with certain sector preferably within the Police legislation. service.

Experience of presenting cases / applications in both the Magistrates’ Court and the County Court

Experience of drafting Court papers.

Experience of interviewing witnesses and drafting witness statements.

Experience in briefing Counsel, where necessary

Ability to compose letters, statements, reports and files of evidence

Education Educated to degree level in law Willingness to undertake training/ and or a relevant subject or Level 6 further training if required Training Professional Higher Diploma in Law, or demonstrable General education competence Specialist training Successfully passed Law Society’s Qualifying Examinations (LSF/LPC or equivalent)

IT proficient in common office applications, e.g. Microsoft office.

PPF Areas Serving the Public Openness to changes Professionalism Decision Making Working with others

Circumstances Ability to travel and attend meetings, courses, conferences Eg: mobility / Shift working and courts both in Cumbria and Unusual / irregular working hours out of Cumbria, occasionally for Standby / callout longer periods (including overnight stays) when required

Ability to work flexible hours / out of normal hours during busy / critical periods

Policing Professional Framework (PPF) Level 1

A Level 1 must be able to Plan and manage your own workload

Personal Qualities

Decision making Gathers, verifies and assesses all appropriate and available information to gain an accurate understanding of situations. Considers a range of possible options before making clear, timely, justifiable decisions. Reviews decisions in the light of new information and changing circumstances. Balances risks, costs and benefits, thinking about the wider impact of decisions. Exercises discretion and applies professional judgement, ensuring actions and decisions are proportionate and in the public interest.

Openness to change Positive about change, adapting rapidly to different ways of working and putting effort into making them work. Flexible and open to alternative approaches to solving problems. Finds better, more cost-effective ways to do things, making suggestions for change. Takes an innovative and creative approach to solving problems. Service delivery Understands the organisation's objectives and priorities, and how own work fits into these. Plans and organises tasks effectively, taking a structured and methodical approach to achieving outcomes. Manages multiple tasks effectively by thinking things through in advance, prioritising and managing time well. Focuses on the outcomes to be achieved, working quickly and accurately and seeking guidance when appropriate.

Professionalism Acts with integrity, in line with the values and ethical standards of the Police Service. Takes ownership for resolving problems, demonstrating courage and resilience in dealing with difficult and potentially volatile situations. Acts on own initiative to address issues, showing a strong work ethic and demonstrating extra effort when required. Upholds professional standards, acting honestly and ethically, and challenges unprofessional conduct or discriminatory behaviour. Asks for and acts on feedback, learning from experience and developing own professional skills and knowledge. Remains calm and professional under pressure, defusing conflict and being prepared to step forward and take control when required.

Public service/Serving the Public Demonstrates a real belief in public service, focusing on what matters to the public and will best serve their interests. Understands the expectations, changing needs and concerns of different communities, and strives to address them. Builds public confidence by talking with people in local communities to explore their viewpoints and break down barriers between them and the police. Understands the impact and benefits of policing for different communities, and identifies the best way to deliver services to them. Works in partnership with other agencies to deliver the best possible overall service to the public.

Working with others Works co-operatively with others to get things done, willingly giving help and support to colleagues. Is approachable, developing positive working relationships. Explains things well, focusing on the key points and talking to people using language they understand. Listens carefully and asks questions to clarify understanding, expressing own views positively and constructively. Persuades people by stressing the benefits of a particular approach, keeps them informed of progress and manages their expectations. Is courteous, polite and considerate, showing empathy and compassion. Deals with people as individuals and addresses their specific needs and concerns. Treats people with respect and dignity, dealing with them fairly and without prejudice regardless of their background or circumstances.

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