Address
Form of work
SalaryWe encourage applications from people from all backgrounds and aim to have a workforce that represents the wider society that we serve. We pride ourselves on being an employer of choice. We champion diversity, inclusion and wellbeing and aim to create a workplace where everyone feels valued and a sense of belonging. To find out more about how we do this visit: https://www.gov.uk/government/organisations/ministry-of-justice/about/equality-and-diversity.
Overview
Why we exist
Magistrates’ Courts deal with approximately 95% of criminal cases, 70% of civil cases, and 60% of family cases across England and Wales. Dealing with cases justly and speedily, and in ways that meet the needs of our court users, is at the heart of what we do.
The role of a Legal Adviser is pivotal to the smooth running of the court. Magistrates are unqualified judges drawn from the local community and sit on a voluntary basis. As Magistrates do not have a legal background, the Legal Adviser is required to sit in court with them to advise on legal points, practice and procedure and assist with the formulation and drafting of their reasons.
As a Legal Adviser to magistrates, you are responsible for ensuring that those attending court, whether as defendant, victim or witness are treated with humanity and respect. Good legal knowledge and the ability to communicate that clearly to magistrates and court users is vital to the courts ability to deal with cases justly. Success in the role you are considering will enable you to make a positive difference to your community and your society.
We are here to ensure everyone in need of our Courts and Tribunals receives a service that suits their needs.
We are completing a £1bn, six-year Reform Programme which will change what we do and make our services better for the society we serve. The Reform Programme is one of the most ambitious of its kind in the world.
How are we going to fulfil our vision?
Every year, millions of people seek justice in our courts and tribunals. We are focused on radically improving the customer’s experience by:
Employing digital technology to enable access to justice by enabling victims and witnesses to give evidence in a less intimidating way via video link;
Enabling self-service, where appropriate, to ensure people can get fast and easy access to simple judicial services;
Streamlining processes so we can reinvest in improvements that benefit our customers;
Progressing cases efficiently and effectively through the court by maximising the use of new digital
As a Legal Adviser, you will be at the forefront of delivering this improved service and experience to our customers both in and outside the court room
Job Description
Qualified lawyers entering the role of Legal Adviser, will be supported to complete a 12-month Judicial College’s Legal Adviser training programme which will provide you with the appropriate skills to be granted delegated functions enabling you to act as Legal Adviser to the Magistrates and District Judge (Magistrates’ Court) in accordance with legislation and the Criminal and Family Practice Directions. During your training period you will be referred to as “Legal Adviser in Training”.
The Legal Adviser’s role is to advise magistrates in the Family and Criminal court on relevant law, practice and procedure and to facilitate judicial decision-making and judgement writing. You will also work alongside other Legal Advisers, judiciary and staff to manage cases in and out of the courtroom.
You will be expected to work toward the Legal Adviser career milestones and gain the experience required to become a Tier 1 and Tier 2 Legal Adviser and be authorised to carry out relevant judicial functions under the Family and/or Criminal Procedure Rules.
The role offers a wide range of career opportunities within legal operations as well as wider roles in management, training and project delivery. The role also offers excellent and unique opportunities for post holders to gain experience which is relevant to judicial appointment.
Technical
To be eligible for entry to this post, candidates must be fully qualified to practice as a Solicitor or Barrister in England & Wales or hold the Qualifying Lawyers Transfer Test (QLTT) or be a Fellow of CILEX/CILEX Lawyer, including the completion of the relevant prescribed period of professional experience (e.g. training contract or pupillage). The Job holder be able to fulfil all spoken aspects of the role with confidence in English or (when specified in Wales) Welsh.
The key objectives of the role are contained within the Legal Adviser Competence Framework which includes:
Building and maintaining effective working relationships with magistrates:
Advising the Magistrates on law, practice and procedure and assisting with the drafting of their reasons
Facilitating a structured decision-making process based on knowledge of appropriate techniques, manuals, guidelines and current statutory and case law developments
Working in partnership with magistrates both in and out of court and demonstrating a recognition and understanding of local practices, procedures, policies, current issues and relevant training
(ii) Facilitating the business of the Court:
Preparing hearings, so that cases are effective in progressing the business of the
Providing professional advice and documentation both in and out of court
Planning, conducting and concluding case management hearings effectively, when sitting with or without a bench of magistrates
Applying specialist knowledge and skills both in and out of court as well as with administration teams and in related meetings
Liaising with the relevant
Confident and Competent in the use of IT which will include using IT systems in court and online digital legal
Accurately recording and resulting the outcome of cases/hearings using the Courts’ digital system.
