Legal Adviser in Training

4 days ago


Swindon, United Kingdom HM Courts and Tribunals Service Full time

**Reference number**:
182667

**Salary**:
£36,049 - £41,095

**Grade**:
Senior Executive Officer

SEO

**Contract type**:
Permanent

**Type of role**:
Legal Services

**Working pattern**:
Full-time

**Number of posts**:
1

Location

This position is based at SWINDON MAGISTRATES SWINDON, SN1 2JB

About the job

**Summary**:
Please refer to Job Description

**Job description**:
THE ROLE

The purpose of the role is to be trained as a Legal Adviser to be able to represent the Justices’ Clerk as Legal Adviser to Magistrates and District Judge (Magistrates’ Courts) in accordance with The Courts Act, 2003, the Justices’ Clerks Rules, Practice Directions and protocols.

Training

On commencement of the role of a Legal Adviser in Training, the role holder will be required to participate in the Judicial Studies Board Legal Adviser Induction Training Programme. Upon successful completion of the requirements of the programme the role holder should be able to satisfy the base line competences as a Tier 1 Legal Adviser.

The length of this process will depend upon the knowledge and experience already gained by the role holder but will not take longer than two years.

After a relevant induction period and observing court sittings with an experienced Legal Adviser the Legal Adviser in Training should move swiftly into supervised sittings. The Legal Adviser in Training will also undertake such administrative functions as direct with a view to ensure a full appreciation of the work of the Magistrates’ Courts. The purpose of this development is to provide the Legal Adviser in Training with the knowledge and skills of court procedures and utilising their knowledge within a court setting.

Functions of the role

During the training period, the Trainee will be experiencing and learning how to undertake and undertaking the following functions:

- Manage the court room so that it runs efficiently and effectively
- Advise the Bench on law, practice and procedure
- Assist with the drafting of Justices’ reasons
- Communicate in clear and concise language
- Promote partnership and team working with colleagues and the Bench
- Use delegated judicial powers effectively for the purpose of effective case management
- Facilitate the administration in the court room, with the use of IT
- Conduct legal research as appropriate to carry out the functions of the role

Knowledge and skills

A Legal Adviser in Training will be expected to develop knowledge, skills and experience which will include:

- knowledge of the legal and administrative functions of the court room
- knowledge of adult and youth criminal and civil law and/or family law and procedure
- communications skills, to enable the ability to communicate effectively at all levels, both verbally and in writing
- interpersonal skills to develop and maintain effective relationships with staff, magistrates and court users, at all levels and work as part of a team
- organisational skills in order to manage the court room
- the ability to analyse problems and situations quickly and effectively and adapt to change
- the competent use of IT and legal resource material

Problem solving

The Legal Adviser in Training is required to learn and become equipped to advise in court resolving those issues within the competence of a Tier 1 Legal Adviser.

Decision making

Own Decisions

There are three main areas of decision making: - Judicial, Legal & Administrative.

Judicial Decisions

The Justices’ Clerk has discretion delegate to the role holder a range of delegated powers. The precise range and extent of powers delegated to the role holder fall to the discretion of the Justices’ Clerk; who may grant such delegated powers to a competent trainee during their training period.

Legal Decisions

Legal decisions include identifying the pertinent legal issues of a case which may arise in court, which may often be difficult or contentious. This may include dentifying relevant statutes and case law and undertaking appropriate legal research, using IT resources to ensure soundly based outcomes are achieved.

Administrative Decisions

Administrative decisions include decisions that relate to progressing cases efficiently and effectively through the court process. This can include prioritising cases that have all parties and paperwork present, avoiding delays to witnesses; ensuring defendants held in custody are dealt with promptly, avoiding adjournment of cases, making best the best use of the court time available and the resource of the bench and advocates present in the court room.

Out of Court Functions

When not sitting in court, the Legal Adviser in Training will be required to check their court papers, research legal issues appertaining to the cases allocated to their court and participate in other team administrative functions as directed by their Legal Team Manager.

Advice to Others

Examples include:

- Advising the Bench - Magistrates and District Judges during cases
- Assisting th



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