APPOINTMENT OF DEPUTY HIGH BAILIFF

INFORMATION PACK

Cabinet Office March 2021

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Contents

Advertisement ...... 3 Office Description ...... 4 Person Specification ...... 6 Selection Procedure ...... 8 Main Terms and Conditions of Appointment as Deputy High Bailiff ...... 9

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Advertisement

Appointment of Deputy High Bailiff

The prides itself on its values of democracy, good government and the importance of the rule of the law. The judiciary is a key component of delivering these values and to the Island’s international reputation.

Applications are invited from on and off-Island candidates for the position of Deputy High Bailiff, to complement the existing positions of High Bailiff and Deputy High Bailiff. This is an appointment made by His Excellency the Lieutenant Governor pursuant to section 1 of the Summary Jurisdiction Act 1989.

The post holder will act as one of the deputies to the High Bailiff and assist the High Bailiff in carrying out the High Bailiff’s functions across the Summary Courts. The post-holder will also be required to assist the Deemsters with the workload of the High Court, including, but not restricted to, Small Claims Arbitration. This is a full time judicial post with an interesting and challenging variety of judicial work within the criminal and civil courts of the Island.

The Deputy High Bailiff will hold office at the pleasure of His Excellency. This appointment will be on the advice of a Selection Panel. Candidates for this position must meet the following criteria:

 A qualified advocate, barrister or solicitor of at least 10 years standing;  A comprehensive knowledge and understanding of Manx Law or an ability and commitment to gain such knowledge; and  A high level of professional achievement in the areas of law in which they have been engaged.

The information pack and application form is available at www.gov.im/crownappointments.

Further information about the post can be obtained from the High Bailiff, Her Worship Jayne Hughes: telephone 01624 685474 or email [email protected].

Applications should be marked In Confidence and sent by email to [email protected].

The closing date for applications is at 5.00pm on Friday 26th March 2021.

Interview dates have been set for shortlisted applicants on the afternoon of the 11th or 12th May 2021, however this is subject to change.

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Office Description

1. Introduction

The purpose of judicial office is to administer justice in accordance with the laws of the Isle of Man. The Deputy High Bailiff is appointed by His Excellency in accordance with the provisions of section 1 of the Summary Jurisdiction Act 1989.

The High Bailiff is the senior judge of the Courts of Summary Jurisdiction, senior Coroner of Inquests and chair of various tribunals. The Deputy High Bailiff will be expected to assist and support the High Bailiff within this challenging mix of criminal, civil, family and other work that falls into their wide and varied jurisdictions.

The judiciary, in a compact jurisdiction such as the Isle of Man, must remain flexible and be able to deal with a vast variety of matters that come before the courts in the Isle of Man. The Deputy High Bailiff will undertake the work that is assigned to them by the First Deemster.

2. The High Court and Courts of Summary Jurisdiction

The structure of the High Court of Justice of the Isle of Man is governed by the High Court Act 1991. There are four permanent judges of the High Court - the First Deemster, the Second Deemster, the Deemster and the Judge of Appeal.

The First Deemster is President of the High Court and has responsibility for the distribution of the work of the High Court and Courts of General Gaol Delivery.

There is a panel of Deemsters who may be called upon to assist in the discharge of the business of the High Court and Courts of General Gaol Delivery. The High Bailiff and Deputy High Bailiff are ex officio judicial officers of the Civil Division of the High Court.

Courts of Summary Jurisdiction are governed by the Summary Jurisdiction Act 1989. Such Courts are respectively presided over by the High Bailiff, Deputy High Bailiff and Justices of the Peace. There is a panel of Deputy High Bailiffs who may be called upon to assist in the discharge of business of the Courts of Summary Jurisdiction. Courts of Summary Jurisdiction deal with criminal and certain civil, matrimonial, child and family related proceedings. Further information on the work of the courts can be obtained from www.courts.im

3. Jurisdiction

The Civil Division of the High Court is a superior court of record which deals with civil and family matters. Its jurisdiction and procedures are in the main dealt with by the High Court Act 1991 and the Rules of the High Court of Justice 2009. Courts of Summary Jurisdiction deal with all criminal matters subject to serious offences (generally at present requiring custody of greater than 12 months) being committed for trial or sentence to a Court of General Gaol Delivery. If approved, the Justice Reform Bill 2020 will inter alia increase the sentencing powers of the High Bailiff and Deputy High Bailiffs to a maximum of two years custody.

In addition to criminal cases the summary courts deal with certain civil matters, civil statutory appeals, child maintenance, public law child proceedings and family related

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The Deputy High Bailiff has concurrent jurisdiction with the High Bailiff and therefore is an ex officio Coroner of Inquests under the Coroners of Inquests Act 1987 and in that role would be responsible for the investigation through public inquest of unnatural deaths and deaths in custody; the latter requiring the coroner to hold an inquest with a jury.

The High Bailiff or Deputy High Bailiff chairs the Licensing Court and serves as required as Social Security Commissioner and Immigration Adjudicator. Additionally, there is a wide range of statutory appeals which fall to be dealt with by the High Bailiff or Deputy High Bailiff whether sitting alone or as chair of a specialist tribunal (e.g. the Land Court and the Mental Health Review Tribunal). The Deputy High Bailiff as an ex officio judicial officer shall carry out the functions of a judge of the High Court as directed by the First Deemster.

4. Administration

The General Registry, headed by the Chief Registrar, provides the administration for the Courts and Tribunals including clerks, library, research facilities, secretarial support, office and court accommodation.

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Person Specification

Office: Deputy High Bailiff

Location: Isle of Man Courts of Justice

Office Summary: The Deputy High Bailiff has concurrent jurisdiction with the High Bailiff and will act as a judge presiding in the Courts of Summary Jurisdiction to assist and support the High Bailiff in dealing with the challenging mix of criminal, civil, family, statutory appeals and other work that falls within their wide and varied jurisdictions. Such assistance will also extend to sitting as Coroner of Inquests as required. As a judicial officer the Deputy High Bailiff will deal with the High Court civil and family cases that the First Deemster allocates to them.

Essential Attributes Method Of Assessment

Qualifications

Qualified advocate, barrister or solicitor CV

Experience

10 years’ experience as advocate, barrister or solicitor CV

A high level of professional achievement in the areas of law in CV which they have been engaged

Knowledge & Skills

A comprehensive knowledge and understanding of Manx Law or CV/Interview an ability and commitment to gain such knowledge

A detailed understanding of the rules, practices and procedures CV/Interview of the Courts of Summary Jurisdiction and High Court of the Isle of Man or an ability and commitment to gain such knowledge

Exceptional intellectual ability, able to make incisive and legally CV/Interview sound decisions

Ability to deal with the most complex issues in a broad range of CV/Interview legal activity

Attentive listener, ensuring all parties have a fair opportunity to Interview present evidence and argument

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Essential Attributes Method Of Assessment

Resilient, has stamina to deal efficiently with lengthy lists and is CV/Interview able to prioritise conflicting demands and act flexibly in high pressure situations whilst making best use of available resources

Excellent communication skills, both verbal and written CV/Interview

Maintains authority, even when challenged; able to gain the Interview confidence of others

Ability to work constructively with others; colleagues, officials, Interview court ushers and staff

Personal Qualities

Acts with integrity and independence; able to demonstrate Interview integrity in all aspects of professional life

Ensures fairness and impartiality Interview

Strong understanding of people, aware of changes in wider Interview society; excellent interpersonal skills and social warmth

Committed to continuous learning, professional development, Interview leadership and development of others

Flexibility to working outside normal hours including at Interview weekends

Ability to manage appropriately a public profile, and, with their colleagues, properly present the public face of the Isle of Man Interview judiciary

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Selection Procedure

Application Forms

The application form asks about criminal records. As the position of Deputy High Bailiff is excepted under Schedule 1 Part II of the Rehabilitation of Offenders Act 2001 (Exceptions) Order 2001, you are required to disclose details of any previous convictions, including any which would be considered spent under the Rehabilitation of Offenders Act 2001.

Acknowledgements

All applications for the position of Deputy High Bailiff will be acknowledged. If you do not receive an acknowledgement to your application within 5 working days, please contact the Cabinet Office.

Selection Panel

All applications will be considered by a Selection Panel comprising:

 First Deemster (Chair)  Second Deemster  High Bailiff  Chief Secretary

Shortlisting

The Selection Panel will review each application against the requirements of the office description and person specification and determine a shortlist for interview. Applicants not shortlisted will be notified accordingly at this stage.

Referees for shortlisted candidates will be required to submit their written references no later than 3 working days prior to the date of the interview. It is recommended that all applicants inform their referees of the dates for likely interviews so that, if called upon at short notice, referees can submit their references in time.

Selection

The Selection Panel will then interview all shortlisted candidates and will make any recommendation for appointment to His Excellency the Lieutenant Governor. The successful candidate will be issued with a formal offer which may be subject to any outstanding pre- appointment checks.

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Main Terms and Conditions of Appointment as Deputy High Bailiff

1. Tenure

The appointment will be made by His Excellency the Lieutenant Governor in accordance with the provisions of the Summary Jurisdiction Act 1989 and the High Court Act 1991. The Deputy High Bailiff is currently required to vacate his or her office at the age of 65 but this will change to 75 if the proposals in the Justice Reform Bill 2020 are approved.

2. Duties

The duties of the Deputy High Bailiff are as indicated in the Office Description.

3. Remuneration

The salary is presently analogued to Group 7 + 5% of the United Kingdom Judicial Salary Structure, (i.e. £120,532 per annum, with effect from 1 April 2020), and is subject to periodic review based upon a recommendation of the Joint Committee of on the Emoluments of Certain Public Servants. The salary is payable in 12 monthly instalments by Bankers Automated Clearing System (BACS) on the 25th day of each month or the nearest working day as may be determined by the Treasury.

4. Hours of Work

The post is conditioned in general terms to a working week of 37 hours spread over five days, Monday to Friday, but the Deputy High Bailiff is expected to work such hours on such days, including Saturdays and Sundays as the nature and volume of the workload demands. No additional payment is made for hours worked in excess of conditioned hours.

5. Superannuation

The appointment is superannuable. New members of the permanent judiciary are eligible to join Section 9 of the Unified Scheme 2011.

Members will be required to contribute 10% of their salary. Pension benefits accrue at a rate of 2% (1/50th) of pay for each year of service up to a Maximum limit of 50% of Pay.

There is a minimum retirement age of 55 and the scheme provides for a surviving adult dependents pension.

Members may opt-out of the Scheme if they wish.

More information on the scheme can be found in the Isle of Man Unified Scheme Guide which is on the Public Sector Pensions Authority (PSPA) website here. The PSPA is the Statutory Board responsible for the management of public sector pension schemes on the Isle of Man and more information on the Isle of Man Government Unified Scheme, including how to contact the PSPA and a copy of the scheme Rules can be found on the PSPA website at www.pspa.im

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6. Annual Leave

There will be an entitlement to 30 working days paid annual leave. In addition there will be an entitlement to the same bank/privilege holidays as agreed for the Civil Service and details are available from the Courts Administration.

7. Sickness Scheme

The provisions of the sick pay scheme for established civil servants will apply. A copy of the scheme is available from the Courts Administration.

The provisions for sickness, maternity, paternity and adoption leave as stated in the Civil Service Regulations are extended to the office of Deputy High Bailiff.

The Deputy High Bailiff will be required to notify the Court Administration promptly if absent due to sickness.

8. Removal from Office

The Deputy High Bailiff may be removed from office at any time by His Excellency the Lieutenant Governor on grounds of misbehaviour or inability to perform the functions of the office.

The Deputy High Bailiff may be suspended from office at any time for good cause.

The Deputy High Bailiff may resign at any time by application to His Excellency by giving not less than 6 months’ notice, save in the event of ill health dictating a shorter notice period.

9. Conduct

The Deputy High Bailiff is required to adhere to the principles of the Code of Conduct for Members of the Judiciary of the Isle of Man.

10. Complaints

If a complaint is made against the Deputy High Bailiff this will be subject to the complaints and disciplinary procedures as specified in the Procedural Notes in respect of complaints of personal misconduct against Members of the Judiciary of the Isle of Man.

11. Travel and Transport

The Deputy High Bailiff is required to make his or her own transport arrangements for the performance of their duties for which no official vehicle will be provided. A parking space within the court complex will be provided to the Deputy High Bailiff at their own expense.

It is the responsibility of the Deputy High Bailiff to ensure that, if they use their own private vehicle in the performance of duties, they are adequately insured against all third-party claims.

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The Deputy High Bailiff may claim reasonable expenses for travel and subsistence subject to the limits established by orders made under the Payment of Members Expenses Act 1989.

12. Outside Activities and Interests

The Deputy High Bailiff while holding office shall not practise as an advocate or registered legal practitioner, solicitor, barrister or other lawyer or be directly or indirectly concerned in any such practice either on the Isle of Man or elsewhere.

While holding office the Deputy High Bailiff must ensure that his or her conduct is of a manner consistent with the authority and standing of the appointment. The Deputy High Bailiff must not, in any capacity, engage in any activity which might undermine, or be reasonably thought to undermine, his or her judicial independence or impartiality. The Deputy High Bailiff may not undertake any task or engage in any activity which in any way limits his or her ability to discharge the judicial duties to the full. The Deputy High Bailiff should so conduct his or her private affairs so as to minimise the possibility of conflict or embarrassment.

Attention is drawn to Rule 2(9) of the Advocates’ Publicity Rules 2001 which is to the effect that no mention may be made in any advertisement or press release of the fact that an advocate has acted in any judicial office.

13. Acceptance of Work after Termination of Appointment

The Deputy High Bailiff accepts the appointment on the understanding that following the termination of the appointment he/she will not take up or return to private practice as an advocate or Registered Legal Practitioner for a period of at least 3 months following termination and will not provide services, on whatever basis, as an advocate (whether by way of oral submissions or written submissions) in any court or tribunal in the Isle of Man for a period of at least 6 months following termination.

For the avoidance of doubt a former Deputy High Bailiff may, following termination of the appointment, provide services on the Isle of Man or elsewhere as an independent arbitrator/mediator or judicial officer and may receive remuneration for such services and for lectures, talks, articles or other publications and broadcasts.

14. Relocation Fees and Expenses

Relocation fees and expenses (including those incurred at interview) will not be paid.

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