APPOINTMENT OF DEPUTY HIGH BAILIFF INFORMATION PACK Cabinet Office March 2021 1 Contents Advertisement ............................................................................................... 3 Office Description .......................................................................................... 4 Person Specification ....................................................................................... 6 Selection Procedure ....................................................................................... 8 Main Terms and Conditions of Appointment as Deputy High Bailiff .................... 9 2 Advertisement Appointment of Deputy High Bailiff The Isle of Man 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. 3 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 4 proceedings, some of which require the exercise of jurisdiction identical to that of the High Court. 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. 5 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 6 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