The Following Checklist Is Designed to Assist Recruiting Mangers To

Total Page:16

File Type:pdf, Size:1020Kb

The Following Checklist Is Designed to Assist Recruiting Mangers To Job Description Line Managers should make sure that they bring this vacancy to the attention of any member of staff who is eligible but absent from duty. Job Title: Assistant Clerk to the Sheriff Appeal Court Court Location: Parliament Department/Section: Sheriff Appeal Court (Civil) House, Edinburgh £23,802 - £29,345 Grade: EO Starting salary: Number of Responsible to: Clerk of Court vacancies: 1 to the Sheriff Appeal Court Contract type: Permanent (Full Time) The closing date for applications is 7 August 2020 Closing Date: Interviews will be held week commencing 17 August 2020 Scottish Courts and Tribunals Service staff should make applications on EROL via the following link http://sauctxap1/RecruitmentForms2/ How to apply Interested common citizenship, HMCTS & Judicial College staff should request the appropriate application form and vacancy information from: David Grant [email protected] Tel: 0131 240 6885 or Keren Ramsay [email protected] Overall Purpose To effectively manage Court business in the civil department of the Sheriff Appeal Court to ensure the effective disposal of business and smooth running of Court. Applications are invited from permanent substantive EO graded staff who are interested in a level transfer and from staff seeking promotion provided they have successfully completed their probationary period. Key Responsibilities Page 1 of 4 Job Description General To line manage, develop, coach and monitor the work of the civil Sheriff Appeal Court administrative officer. To conduct interim and annual reviews on staff performance in accordance with Scottish Courts and Tribunals Service guidelines and assisting them with completion of personal development plans and role profiles. To advise Appeal Sheriffs, colleagues, solicitors and members of the public on technical and procedural matters in relation to the Sheriff Appeal Court; To liaise with the Deputy Clerk in respect of staffing, workload and training for the Sheriff Appeal Court; To assist in collating and submitting monthly statistics and targets; To ensure practices and procedures are in place in order that work is completed accurately and targets are consistently met; To respond to and be flexible towards changing demands; To demonstrate effective interpersonal skills and assertiveness in dealing with different customers; To regularly monitor and review work with a view to eliminating wasteful practices and improving efficiency; To be willing to take part in working groups, liaison committees etc with external customers in other organisations and to encourage team members to do so To ensure systems are in place to meet targets To demonstrate effective written and oral communication skills by accurately processing court documentation and by working and communicating in a court environment To use technical and specialist knowledge to ensure that appropriate procedural paths are followed To keep own technical knowledge, practices and procedures up to date Specialist Post To assist at the public counter, dealing with all aspects of enquiries, transactions and dealing with all customers including party litigants; To conduct an initial check of all incoming applications; To liaise with the procedural Appeal Sheriff; To check and process stated cases; Quality control of daily fees, ensuing correct fees are applied; To maintain the Sheriff Appeal Court register; To maintain guidance and desk instructions for use by sheriff courts and for use centrally; To support and provide cover for the Clerk of Court in the operation of the daily business and by clerking the Sheriff Appeal Court as required; To liaise with staff in the sheriff court in relation to Single Bench appeal procedure. To assist in the creation and maintenance of the Sheriff Appeal Court programme Working Relationships Page 2 of 4 Job Description The jobholder will be required to have contact with the groups identified below. Contact will be by e-mail, letter, telephone and face to face. (Frequency: Daily; Weekly; Monthly; Occasionally). General Public Daily Staff at other Courts Daily Sheriffs / Sheriffs Daily Temp Sheriffs Occasionally Principal Solicitors Daily Staff at the Procurator Occasionally Fiscals’ Office Local Council Occasionally The Procurator Fiscal Occasionally Police Occasionally HQ Staff Monthly Training and development opportunities All Scottish Courts and Tribunals Service staff will receive: local and corporate induction training on the job training a Personal Develop Plan (PDP) as part of regular performance reviews personal online access to training courses and development programmes which are available to Scottish Courts and Tribunals Service staff The Scottish Courts and Tribunals Service is also an: Institute of Leadership & Management Accredited Centre SQA Approved Centre Employment Checks If successful, common citizenship staff and internal SCTS staff will be given a conditional offer which is dependent on pre appointment checks. These checks will confirm if the successful applicant’s performance, conduct or attendance has been the subject of formal disciplinary, capability or absence warning which is still in effect at the closing date for the vacancy. Informal warnings and expired warnings will not be considered. If an individual receives a subsequent live formal warning after the closing date for the vacancy this may mean the offer is withdrawn on the grounds of suitability. For staff transferring from other Government Departments/Agencies a further Disclosure Scotland check may be needed to satisfy the standard level check required by the Scottish Courts and Tribunals Service. Some posts may also be subject to “secure check” security clearance: Secure check Some posts at Sheriff Clerk, Sheriff Clerk Depute level and senior staff posts may require a Page 3 of 4 Job Description higher level of security clearance (“Secure Check”). This arises out the implementation of the disclosure provisions in terms of Part 6 of the Criminal Justice and Licensing (Scotland) Act 2010 and allows a civil servant to have access to top secret and secret papers relating to court hearings and information gathered by covert surveillance or infiltration by the security services, drug enforcement agencies, into serious organised crime units. This is to ensure that the court can discharge its function of being able to process all types of criminal business which may come before it. In larger courts the responsibility may also apply to the post which normally covers the Sheriff Clerk. In the Supreme Courts the responsibility may also apply to a small number of posts (sufficient for operational capability related to the average volume of cases where higher level security is required) graded at HEO and SEO and above. If an individual’s “Secure Check” status is not confirmed the individual may, subject to operational feasibility, be given a period of 18 months in which to achieve the “Secure Check” status but will not during that period be able to process work that requires the higher level of security clearance. Additional Information The Scottish Courts and Tribunals Service processes data which is sensitive and deals with matters of a private nature, this often can result in staff interacting with vulnerable members of society or having access to personal and confidential information. As a result, the Scottish Courts and Tribunals Service is exempt from the Rehabilitation of Offenders Act (1974) which means that we cannot employ individuals with certain unspent and/or spent convictions. Corporate/Local responsibilities & requirements The job holder must at all times carry out their responsibilities with due regard to the Scottish Courts and Tribunals Service’s: Values & Behaviours Civil Service Code of Conduct Attendance Management Policy Dignity at Work Policy Conduct and Discipline Policy Equal Opportunities Policy Health & Safety Policy Electronic Communications Policy and Data Protection Act Data Security Policy Job descriptions should be reviewed on a regular basis and at the annual appraisal. Any changes should be made and agreed between post holder and line manager. The above lists are not exhaustive and the job holder may be required to undertake such duties as may reasonably be requested within the scope of the post. Page 4 of 4 .
Recommended publications
  • 1 Legal Terms Used in Scottish Court Procedure, Neil Kelly Partner
    Legal Terms Used in Scottish Court Procedure, Neil Kelly Partner, MacRoberts Many recent reported adjudication decisions have come from the Scottish Courts. Therefore, as part of the case notes update, we have included a brief explanation of some of the Scottish Court procedures. There are noted below certain legal terms used in Scottish Court Procedure with a brief explanation of them. This is done in an attempt to give some readers a better understanding of some of the terms used in the Scottish cases highlighted on this web-site. 1. Action: Legal proceedings before a Court in Scotland initiated by Initial Writ or Summons. 2. Adjustment (of Pleadings): The process by which a party changes its written pleadings during the period allowed by the Court for adjustment. 3. Amendment (of Pleadings): The process by which a party changes its written pleadings after the period for adjustment has expired. Amendment requires leave of the Court. 4. Appeal to Sheriff Principal: In certain circumstances an appeal may be taken from a decision of a Sheriff to the Sheriff Principal. In some cases leave of the Sheriff is required. 5. Appeal to Court of Session: In certain circumstances an appeal may be taken from a decision of a Sheriff directly to the Court of Session or from a decision of the Sheriff Principal to the Court of Session. Such an appeal may require leave of the Sheriff or Sheriff Principal who pronounced the decision. Such an appeal will be heard by the Inner House of the Court of Session. 6. Arrestment: The process of diligence under which a Pursuer (or Defender in a counterclaim) can obtain security for a claim by freezing moveable (personal) property of the debtor in the hands of third parties e.g.
    [Show full text]
  • 162 INTERNATIONAL LAWYER Long Before the 1957 Law, Indigent
    162 INTERNATIONAL LAWYER Long before the 1957 law, indigent litigants could obtain exemption from judicial fees payable for actions in courts. The presently effective statute, 53 which dates from 1936, is part of the Code of Civil Procedure; it regulates in detail the bases on which an indigent litigant can obtain a waiver of court costs. A person who seeks legal aid either gratuitously or at a reduced rate initiates his request by obtaining from the Municipality a form, which must be filled out personally by the applicant, setting forth the financial situation on which he bases his claim that he is unable to obtain needed assistance via his own resources. Information furnished on the form is checked by the Municipality, and the application is then submitted to the consultation bureau for processing and determination of the legal aid which will be furnished. Information furnished by the applicant is further subject to examination by the court which may seek confirmation of the financial condition alleged from the tax authorities. 2. CRIMINAL MATTERS Counsel has always been available to indigent defendants in criminal matters involving a felony. 154 Within the jurisdiction of each court of first instance, a court-appointed Council for Legal Assistance functions in crim- inal matters, consisting of at least three attorneys. The Council assigns attorneys to indigent defendants in criminal matters as provided in the Code of Criminal Procedure and further as the Council may deem fit. Each defendant in provisional custody must be assigned counsel by the president of the court before which the matter will be adjudicated.
    [Show full text]
  • Sheriff Appeal Court [2019] Sac (Civ) 030 Edi-F1024-16
    SHERIFF APPEAL COURT [2019] SAC (CIV) 030 EDI-F1024-16 Sheriff Principal I Abercrombie QC Appeal Sheriff P J Braid Appeal Sheriff H K Small OPINION OF THE COURT delivered by APPEAL SHERIFF H K SMALL in appeal by CM Pursuer and Respondent against ME-M Defender and Appellant Appellant: M Clark, advocate; Brodies Respondent: Malcolm, advocate; Thorley Stephenson; 24 July 2019 Introduction [1] The parties to this action had a relationship which began in 2000 and ended in September 2015. There is one child of the relationship, “A”, born on 5 September 2011. Since separation A has lived with her mother (the defender and appellant). In August 2016 her father (the pursuer and respondent) raised the present proceedings seeking an order for contact with A in terms of section 11 of the Children (Scotland) Act 1995. There followed a 2 series of court orders permitting interim contact, but on a supervised basis, contact generally being supervised by the defender and/or her mother. [2] The pursuer’s application for contact was opposed. After sundry procedure, the case proceeded to proof at Edinburgh Sheriff Court over five days in 2018. In January 2019 the sheriff issued a judgement in which he held that contact with her father was in A’s best interest. He granted the pursuer’s crave for contact, initially on a supervised basis, but thereafter progressing, over a period of eight weeks, to unsupervised contact. The defender now appeals that decision to this court. [3] The sheriff made 75 findings-in-fact, which, in large part, are not challenged.
    [Show full text]
  • Consultation on the Departure from Retained EU Case Law by UK Courts and Tribunals
    Retained EU Case Law Consultation on the departure from retained EU case law by UK courts and tribunals This consultation begins on 2 July 2020 This consultation ends on 13 August 2020 Retained EU Case Law Consultation on the departure from retained EU case law by UK courts and tribunals A consultation produced by the Ministry of Justice. It is also available at https://www.gov.uk/government/consultations/departure-from-retained-eu-case-law- by-uk-courts-and-tribunals About this consultation To: The President of the Supreme Court The Lord Chief Justice of England and Wales The Lord President of the Court of Session The Lord Chief Justice of Northern Ireland The Senior President of Tribunals President of Scottish Tribunals President of Welsh Tribunals Judge Advocate General Scottish Government Northern Ireland Executive Welsh Assembly The Lord Advocate Attorney General for Northern Ireland Public Prosecution Service Northern Ireland International Law Committee The Law Society The Law Society of Northern Ireland The Law Society of Scotland City of London Law Society The Bar Council The Bar of Northern Ireland Faculty of Advocates Chartered Institute of Legal Executives Employment Lawyers Association Insolvency Lawyers Association Law Centre, Northern Ireland Director of Service Prosecutions British Chamber of Commerce Scottish Chamber of Commerce Northern Ireland Chamber of Commerce Confederation of British Industry Confederation of British Industry Scotland Confederation of British Industry Northern Ireland Institute of Directors Institute
    [Show full text]
  • The Scottish Bar: the Evolution of the Faculty of Advocates in Its Historical Setting, 28 La
    Louisiana Law Review Volume 28 | Number 2 February 1968 The cottS ish Bar: The volutE ion of the Faculty of Advocates in Its Historical Setting Nan Wilson Repository Citation Nan Wilson, The Scottish Bar: The Evolution of the Faculty of Advocates in Its Historical Setting, 28 La. L. Rev. (1968) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol28/iss2/5 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. THE SCOTTISH BAR: THE EVOLUTION OF THE FACULTY OF ADVOCATES IN ITS HISTORICAL SOCIAL SETTING Nan Wilson* Although the expression "advocate" is used in early Scottish statutes such as the Act of 1424, c. 45, which provided for legal aid to the indigent, the Faculty of Advocates as such dates from 1532 when the Court of Session was constituted as a College of Justice. Before this time, though friends of litigants could appear as unpaid amateurs, there had, of course, been professional lawyers, lay and ecclesiastical, variously described as "fore- speakers," procurators and prolocutors. The functions of advo- cate and solicitor had not yet been differentiated, though the notary had been for historical reasons. The law teacher was then essentially an ecclesiastic. As early as 1455, a distinctive costume (a green tabard) for pleaders was prescribed by Act of Parliament.' Between 1496 and 1501, at least a dozen pleaders can be identified as in extensive practice before the highest courts, and procurators appeared regularly in the Sheriff Courts.2 The position of notary also flourished in Scotland as on the Continent, though from 1469 the King asserted the exclusive right to appoint candidates for that branch of legal practice.
    [Show full text]
  • Conference Report: a Thousand Small Sanities
    Conference Report: A Thousand Small Sanities The Park Hotel, Kilmarnock Thursday, 15 November 2012 , Contents 1. Introduction 2. Aims of the Event 3. Programme 4. Evaluation 5. Next Steps 6. Useful Links and Contacts Introduction Inspired by a paper, “A Thousand Small Sanities – Crime Control Lessons from New York” produced by Greg Berman from the Centre for Justice Innovation, South West Scotland CJA decided to host an event to bring together partners to share and build upon the concept that a combination of many small, good ideas can significantly improve the lives of individuals, families and communities affected by crime. Delegates had been asked to read the paper prior to the event to familiarise themselves with the concept. http://173.231.132.82/sites/default/files/documents/AThousandSmallSanities_June11b_color.pdf The Director of the Centre for Justice Innovation, Phil Bowen, was invited to speak at the event to give his view on incremental innovation. The Centre for Justice Innovation seeks to promote criminal justice reform in the United Kingdom by helping to improve the implementation, evaluation and dissemination of demonstration projects. This London‐based Centre is a project of the Centre for Court Innovation, a New York‐based non‐profit organisation that has helped to create dozens of demonstration projects, including the award‐winning Red Hook Community Justice Centre. Delegates were also able to view the film, The Road from Crime1, which was produced by The Institute for Research and Innovation in Social Services (IRISS) as part of a project to share knowledge and improve understanding about why people desist from offending.
    [Show full text]
  • Doing Justice Ver Final
    Velasquez Valenzuela, Javier (2018) Doing justice: sentencing practices in Scottish sheriff courts. PhD thesis. https://theses.gla.ac.uk/39042/ Copyright and moral rights for this work are retained by the author A copy can be downloaded for personal non-commercial research or study, without prior permission or charge This work cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given Enlighten: Theses https://theses.gla.ac.uk/ [email protected] Doing Justice: Sentencing Practices in Scottish Sheriff Courts Javier Velásquez Valenzuela Licenciado en Ciencias Jurídicas, Abogado & MSt en Derecho Penal Submitted in fulfilment of the requirements for the Degree of Doctor of Philosophy School of Social and Political Sciences, College of Social Sciences University of Glasgow October 2018 2 Abstract This thesis is an examination of the sentencing practices of judges (known as Sheriffs) in criminal cases heard in the Scottish sheriff courts. Despite the importance of sentencing, there is little knowledge of how exactly Sheriffs deal with cases. In particular, little is known about why and in which cases they decide that a custodial sentence is appropriate in the context of summary court proceedings. This research aims to understand the rationales behind the Sheriffs’ sentencing practice and, through this exploration, tries to examine how Sheriffs currently understand their role as sentencers.
    [Show full text]
  • Nicola Gilchrist | Arnot Manderson Advocates
    [email protected] 07884 060508 Year of Call NICOLA GILCHRIST 2011 Devil Masters Kate Dowdalls QC Gavin McColl QC Shelagh McCall QC @NicolaGilchrist on Twitter LinkedIn Profile Practice Profile Nicola is recommended in both the Chambers & Partners UK Bar and The Legal 500 UK Bar guides. Nicola specialises in family and child law, and is regularly involved in cases in the Court of Session and Sheriff Courts both in cases at first instance and in appeals to the Sheriff Appeal Court and the Inner House. She has experience across the board in litigation concerning divorce, financial provision, cohabitation and civil partnerships. Her expertise in child law encompasses all of its many facets, including complex jurisdictional issues, international child abduction, permanence orders and petitions for adoption. She has a particular interest in cases that involve sensitive cross-cultural issues, domestic abuse and matters affecting women and girls. She successfully appeared in the first forced marriage case to be heard in Scotland. Nicola was appointed as an Advocate Depute (Ad Hoc) in 2015 and she has been instructed as junior counsel in a number of criminal trials and has appeared in the High Court of Justiciary and in the Criminal Appeal Court for both the Crown and the Appellant. Nicola was appointed as a lead statement taker at the Scottish Child Abuse Inquiry in 2016. Nicola is a director of Relationships Scotland. Education & Professional Career to Date Trainee Solicitor - Balfour & Manson Solicitor - MMS Solicitor - HBJ
    [Show full text]
  • Civil Justice - Civil Courts and Tribunals (Republished)
    SPICe Briefing Pàipear-ullachaidh SPICe Civil Justice - Civil Courts and Tribunals (republished) Abigail Bremner The civil justice system enables people to protect or enforce their legal rights. This briefing looks at the structure of civil courts and tribunals in Scotland. Note that this briefing is a re-edited version of the SPICe briefing Civil Justice - Civil Courts and Tribunals, published in December 2016. 11 May 2017 SB 17/30 Civil Justice - Civil Courts and Tribunals (republished), SB 17/30 Contents What this briefing is about ________________________________________________4 Useful definitions _______________________________________________________5 What is civil justice? _____________________________________________________6 The civil courts are being reformed _________________________________________6 How devolution affects the civil courts _______________________________________7 Who's who in Scotland's civil court system __________________________________8 The role of the Lord President _____________________________________________8 The role of the Lord Justice Clerk __________________________________________8 The role of the Scottish Civil Justice Council __________________________________8 The sheriff courts ______________________________________________________10 Who's who in the sheriff courts ___________________________________________10 Summary sheriffs are likely to increase in number ____________________________ 11 Reforms enable sheriffs and summary sheriffs to specialise_____________________ 11 The Sheriff Personal
    [Show full text]
  • Judicial Council Scotland
    Response questionnaire project group Timeliness Judicial Council of Scotland 1. The Court System and Available Statistics 1.1 The court system in Scotland comprises a hierarchy of courts. At the top of the hierarchy is the Supreme Court of the United Kingdom, which is located in London. It has an appellate jurisdiction from the Scottish courts in civil matters and, since the devolution arrangement which was introduced in 1999, in human rights issues in relation to criminal matters. Until devolution, there was no right of appeal in criminal matters to London. The senior courts in Scotland are the Court of Session (civil matters) and the High Court (criminal matters). Rather confusingly, as a result of practice before the Union of Scotland and England in 1707, they are known as the Supreme Courts of Scotland. Thus when we refer below to the Supreme Courts Programming Board, we are speaking of a Scottish rather than a UK body. The Court of Session and the High Court have both a first instance and an appellate jurisdiction. The High Court has exclusive jurisdiction to hear cases involving certain serious crimes and its judges have a sentencing power which is considerably greater than that conferred on sheriffs, who cannot impose a sentence of imprisonment which is more than for five years. At a local level there are sheriff courts, each of which has a defined geographical jurisdiction within Scotland. Sheriffs have jurisdiction in both civil and criminal matters. Almost all family cases are now heard in the sheriff court. Civil cases with a value of £5,000 or less must be heard in the sheriff court and cannot be raised in the Court of Session.
    [Show full text]
  • Scott Manson
    Advocates Library, Parliament House, Edinburgh, EH1 1RF Telephone: 0131 226 2881 Facsimile : 0131 225 3642 DX ED 549302, Edinburgh 36, LP3 Edinburgh 10 Scott Manson Year of Call: 2014 [email protected] 07834692296 Professional Career to date Devil Masters: Gordon S. Balfour; Gavin L. MacColl, QC; Thomas L. Ross, QC July 2014: Admitted to the Faculty of Advocates 2013 – July 2014: Devil, Faculty of Advocates 2012 – 2013: Solicitor, MacRoberts LLP 2009 – 2012: Solicitor, BTO Solicitors 2007-2009: Trainee Solicitor, BTO Solicitors Education & Professional Qualifications Faculty of Advocates’ Lord Reid Scholar (Joint Award) (2013-2014) Faculty Scholar (2013-2014) Postgraduate Diploma in Legal Practice, University of Glasgow (2007) LL.B (Hons) (1st Class), University of Glasgow (2006) Areas of Expertise Commercial Contracts Commercial Property Company, Corporate Finance and Tax Construction and Engineering Insolvency Intellectual Property Rights Product Liability Professional Liability Alternative Dispute Resolution Public Law, Judicial Review and Human Rights Professional Experience Scott is a "highly sought after junior" (Chambers UK Bar 2020) with a busy and wide-ranging practice focusing on a range of commercial disputes including commercial contracts, professional negligence, insurance and construction project litigation. He has also developed a growing practice in shipping, maritime and admiralty litigation; and also contentious trusts and executories. He is ranked in both Chambers UK Bar and the Legal 500 where instructing solicitors commend him for: having a "common sense, practical" and "commercial" approach; being "very good on strategy"; and being "excellent on his feet and very persuassive" in court. Scott is also listed as a "Future Leader" in respect of construction litigation in Who's Who Legal.
    [Show full text]
  • The Judiciary in Scotland
    The Judiciary in Scotland The Judicial Office for Scotland provides support to the Lord President in his role as Head of the Scottish judges and tribunal presidents. He is supported by the second most senior judge in Scotland - the Lord Justice Clerk. All judges in Scotland are independent. They make their decisions based on the law and the circumstances of each case. Scotland has a unique justice system which is different to the rest of the UK. Criminal cases There are two types of criminal procedure in Scotland: solemn procedure for more serious offences and summary procedure. When a trial is held against a person accused of a crime, a jury decides the verdict in solemn cases. The judge decides the verdict in summary cases. There are three verdicts in Scotland: Guilty Not Guilty Not Proven The not proven verdict is unique to Scotland. When the verdict in a case is not guilty or not proven, the accused person cannot usually be retried in court for the crime (except in highly exceptional circumstances, for example if new evidence were found that was not available at the trial of a serious crime). In all cases where an accused person is convicted of a crime, the judge decides what the appropriate sentence should be. Sentencing There are a number of sentencing options in Scotland including prison; community payback; or a fine. Community Payback Orders can involve unpaid work; a compensation payment to a victim; supervision; and mental health, drug or alcohol treatment. Judges base their sentencing decisions on what they have heard in court from the prosecution and the defence about the circumstances of the crime (including the impact on any victims) and the personal circumstances of the offender.
    [Show full text]