Court staff categories in the EU

Transcription

1 Court staff categories in the EU Scotland Information provided by: (SCS) May, 2014 DESCRIPTION OF CATEGORIES OF COURT STAFF in Scotland 1. Court staff category / profession Name of Court Staff Category Administrative Assistant (Clerical) Sheriff and JP Courts (Justice of the Peace Courts) Legal basis / regulatory documents Judiciary and Courts (Scotland) Act Access to the category / profession Main Access conditions Qualifications: 2 SCE (Scottish Certificate of Education) Ordinary Grades (A-C) or standard grades (1-3) or equivalent Aspects of EU law: N/A Access process Recruitment procedure: the recruitment procedure takes place at court level Interview/jury recruitment Selection through written application Alternative access routes YES Internal interview for civil servants officers within the SCS/general civil service may apply for this post and will be tested against a person specification 1

2 at interview 3. Responsibilities / Duties General responsibilities Administrative tasks Others: Filing, photocopying, clerical tasks that do not require significant degrees of supervision or decision making This court staff category plays an important role in: Civil law and procedures (Cross-border civil procedures) Commercial law and Procedures (Cross-border commercial procedures) Criminal law and procedures (cross-border criminal procedures) Service of judicial and extra-judicial documents Access to justice Assistants to judges and/or public prosecutors Court Management (data protection, health, safety & building administration) Role in process with EU law aspects Aspects of EU law - Exist but constitute only a small aspect of the overall duties - This court staff category also deals with enforcement of EU financial penalties 4. Organisation of the category / profession Organising Structure Training providers numbers 1 public sector structure types Public sector structure : Training is provided internally by the Name(s) Professional organisation(s) N/A 2

3 Source: Pilot Project - European Judicial Training: "Lot 3 State of play of training of court staff in EU law and promotion of cooperation between training providers at EU level ", carried out by the European Institute of Public Administration (EIPA) together with a consortium 3

4 Court staff categories in the EU Scotland Information provided by: (SCS) May, 2014 DESCRIPTION OF CATEGORIES OF COURT STAFF in Scotland 1. Court staff category / profession Name of Court Staff Category Administrative Officer (AO) (Clerical) / (Civil) Sheriff and JP Courts (Justice of the Peace Courts) Legal basis / regulatory documents Judiciary and Courts (Scotland) Act Access to the category / profession Main Access conditions Qualifications: 5 SCE (Scottish Certificate of Education) Ordinary Level Grades (A-C) or standard grades (1-3) or equivalent Aspects of EU law: N/A Access process Recruitment procedure: the recruitment procedure takes place at court level Interview/jury recruitment Selection through written application Alternative access YES 1

5 routes Internal interview for civil servants officers within the SCS/general civil service may apply for this post and will be tested against a person specification at interview 3. Responsibilities / Duties General responsibilities Procedures Administrative tasks Others: Administration Officers within the Civil department carry out a range of clerical duties within the office to help ensure the efficient and effective throughput of civil business:- - Check and process Initial Writs, Summary Warrants and Summary Applications in CMS, prepare warrants thereon and issue to agents - Process all NIDs, account for the fee, make up process folders and issue timetable to agents - Check and process motions and minutes and oppositions thereto, prepare interlocutors and pass to Sheriff for signing - Check and process all summary cause/small claims actions through CMS - Prepare the summary cause/small claims courts, process all minutes for decree, enter disposals in CMS, print off book of summary cause, prepare SC16 for Sheriff to sign and issue all extracts/re-services etc - Communicate with a wide range of customers both over the phone and at the public counter. Respond to enquiries from members of the public, solicitors and party litigants advising them on court procedure and assisting in the completion of some court documents such as Small Claims, Simplified Divorce Applications and Small Estates - Deliver a high quality of service to all customers in line with the Courts Charter - Deal with telephone queries and assist with duties as allocated by supervisors - Additionally there may be development opportunities to clerk court including interim hearings and proof courts This court staff category plays an important role in: Civil law and procedures (Cross-border civil procedures) Commercial law and Procedures (Cross-border 2

6 commercial procedures) Service of judicial and extra-judicial documents Human rights Access to justice Rights of the child Assistants to judges and/or public prosecutors Court Management (E-justice, data protection, authentication of judicial and extra-judicial documents, health, safety & building administration) Role in process with EU law aspects Aspects of EU law - Exist but constitute only a small aspect of the overall duties - This court staff category also deals with reciprocal enforcement of judgments 4. Organisation of the category / profession Organising Structure Training providers numbers 1 public sector structure types Public sector structure : Training is provided internally by the Name(s) Professional organisation(s) N/A Source: Pilot Project - European Judicial Training: "Lot 3 State of play of training of court staff in EU law and promotion of cooperation between training providers at EU level ", carried out by the European Institute of Public Administration (EIPA) together with a consortium 3

7 Court staff categories in the EU Scotland Information provided by: (SCS) May, 2014 DESCRIPTION OF CATEGORIES OF COURT STAFF in Scotland 1. Court staff category / profession Name of Court Staff Category Administrative Assistant (Clerical) Sheriff and JP Courts (Justice of the Peace Courts) Legal basis / regulatory documents Judiciary and Courts (Scotland) Act Access to the category / profession Main Access conditions Qualifications: 5 SCE (Scottish Certificate of Education) Ordinary Level Grades (A-C) or standard grades (1-3) or equivalent Aspects of EU law: not known Access process Recruitment procedure: the recruitment procedure takes place at court level Interview/jury recruitment Selection through written application Alternative access routes YES Internal interview for civil servants officers within the SCS/general civil service may apply for 1

8 this post and will be tested against a person specification at interview 3. Responsibilities / Duties General responsibilities Procedures Administrative tasks Others: This court staff category plays an important role in: Civil law and procedures (Cross-border civil procedures) Commercial law and Procedures (Cross-border commercial procedures) Service of judicial and extra-judicial documents Access to justice Administrative law and procedures Assistants to judges and/or public prosecutors Court Management (E-justice, data protection, authentication of judicial and extra-judicial documents, health, safety & building administration) Role in process with EU law aspects Aspects of EU law - Exist but constitute only a small aspect of the overall duties - Enforcement of EU financial penalties 4. Organisation of the category / profession Organising Structure Training providers numbers 1 public sector structure types Public sector structure : Training is provided internally by the Name(s) Professional organisation(s) N/A 2

9 Source: Pilot Project - European Judicial Training: "Lot 3 State of play of training of court staff in EU law and promotion of cooperation between training providers at EU level ", carried out by the European Institute of Public Administration (EIPA) together with a consortium 3

10 Court staff categories in the EU Scotland Information provided by: (SCS) May, 2014 DESCRIPTION OF CATEGORIES OF COURT STAFF in Scotland 1. Court staff category / profession Name of Court Staff Category Administrative Officer (AO) (Clerical) / (Criminal) Sheriff and JP Courts (Justice of the Peace Courts) Legal basis / regulatory documents Judiciary and Courts (Scotland) Act Access to the category / profession Main Access conditions Qualifications: 5 SCE (Scottish Certificate of Education) O GRADES (A- C) or STANDARD GRADES (1-3) or equivalent Aspects of EU law: N/A Access process Recruitment procedure: the recruitment procedure takes place at court level Interview/jury recruitment Selection through written application Alternative access routes YES Internal interview for civil servants officers within the SCS/general civil service may apply for 1

11 this post and will be tested against a person specification at interview 3. Responsibilities / Duties General responsibilities Procedures Administrative tasks Others: As an Administration Officer within the Criminal department the main duties of this post involve receiving all the new summary complaints through the ICSJIS link from the Procurator Fiscal and ensuring that the electronic record accurately reflects the hard copy summary complaint. The Administration Officer is also responsible for preparation of the full range of Criminal Courts which involves retrieving all the complaints, ensuring the complaints are present and accord with COP database. Complaints are then placed in order of the court and court sheets issued to justice partners. When each court concludes the Administration Officer is tasked with accurately disposing of same through the COPII system and preparing the court minute for signature by the Clerk. Once signed they are also responsible for processing all ancillary work such as: ordering reports, intimating community based orders, trial dates etc. Other key activities within their responsibility include processing the following:- Changes of bail address applications Breach of community based disposals Requests for extract convictions Reconcile all fees and fines on a daily basis Ordering and cancelling Interpreters Administration Officers works as part of a wider team assisting others when necessary to ensure local and national targets are met. They are also responsible for answering telephone enquiries and attending the public counter. This court staff category plays an important role in: Criminal law and procedures (Cross-border criminal 2

12 procedures) Procedural rights in criminal procedures (such as access to interpretation & translation, access to a lawyer, access to information, etc.) Access to justice Rights of the victim Rights of the child Assistants to judges and/or public prosecutors Court Management (E-justice, data protection, authentication of judicial and extra-judicial documents, health, safety & building administration) Role in process with EU law aspects Aspects of EU law - Exist but constitute only a small aspect of the overall duties - Enforcement of EU financial penalties, Directives on interpretation and victims. 4. Organisation of the category / profession Organising Structure Training providers numbers 1 public sector structure types Public sector structure : Training is provided internally by the Name(s) Professional organisation(s) N/A Source: Pilot Project - European Judicial Training: "Lot 3 State of play of training of court staff in EU law and promotion of cooperation between training providers at EU level ", carried out by the European Institute of Public Administration (EIPA) together with a consortium 3

13 Court staff categories in the EU Scotland Information provided by: (SCS) May, 2014 DESCRIPTION OF CATEGORIES OF COURT STAFF in Scotland 1. Court staff category / profession Name of Court Staff Category Legal basis / regulatory documents EO (Executive Officer) MANAGER (Civil) Sheriff and JP Courts (Justice of Peace Courts) Judiciary and Courts (Scotland) Act Access to the category / profession Main Access conditions Qualifications: 3 HIGHERS (A-C) or equivalent (not applicable to candidates on internal promotion). (Highers are the qualifications normally needed for entry into university or college to study for degrees and Higher National courses). Aspects of EU law: not known Access process Recruitment procedure: the recruitment procedure takes place at regional level and at court level Interview/jury recruitment Selection through written application Alternative access routes YES Internal interview for civil servants officers within the SCS/general civil service may apply for this post and will be tested against a person 1

14 specification at interview 3. Responsibilities / Duties General responsibilities Procedures Management Others: The main duty of this role is Clerk of Court in all Civil Courts/Hearings. Other key activities within their responsibility may include processing miscellaneous civil applications : Civil appeals Child Protection Orders Maintenance Orders Sequestrations Liquidations Adoptions Children s Referrals Adults with Incapacity Assessment of Summary Cause Expenses Maintain Statistics Sign warrants, NID s and extracts checking same for accuracy Reconcile the daily fees The Clerk of Court is also a line manager and responsible for providing their staff with training, coaching, supervision and support and making sure they are equipped with the necessary skills and tools to effectively carryout their role. They will also ensure staff attendance and behaviour comply with SCS policies. They will also be required to perform any other duty assigned to them by their Line Manager/Office Manager/Sheriff Clerk. This court staff category plays an important role in: Civil law and procedures (Cross-border civil procedures) Commercial law and procedures (Cross-border commercial procedures) Service of Judicial and extra-judicial documents Human rights 2

15 Access to justice Rights of the victim Rights of the child Assistance to judges and/or public prosecutors Courts management (E-justice, data protection, authentication of judicial and extra-judicial documents Court programming/management of court agendas Human resources/personnel issues Budget Health & safety, building administration Role in process with EU law aspects Aspects of EU law - Exist but constitute only a small aspect of the overall duties - This court staff category deals with reciprocal civil processes 4. Organisation of the category / profession Organising Structure Training providers numbers 1 public sector structure types Public sector structure : Training is provided internally by the Name(s) Professional organisation(s) N/A Source: Pilot Project - European Judicial Training: "Lot 3 State of play of training of court staff in EU law and promotion of cooperation between training providers at EU level ", carried out by the European Institute of Public Administration (EIPA) together with a consortium 3

16 Court staff categories in the EU Scotland Information provided by: (SCS) May, 2014 DESCRIPTION OF CATEGORIES OF COURT STAFF in Scotland 1. Court staff category / profession Name of Court Staff Category EO MANAGER (Criminal) Sheriff and JP Courts (Courts (Justice of Peace Courts) EO = Executive Officer Legal basis / regulatory documents Judiciary and Courts (Scotland) Act Access to the category / profession Main Access conditions Qualifications: 3 HIGHER LEVEL CERTIFICATES (Minimum Grade C) or equivalent (not required by candidates applying for internal promotion). Highers are the qualifications normally needed for entry into university or college to study for degrees and Higher National courses Aspects of EU law: N/A Access process Recruitment procedure: the recruitment procedure takes place at regional level and at court level Interview/jury recruitment Selection through written application 1

17 Alternative access routes 3. Responsibilities / Duties YES Internal interview for civil servants officers within the SCS/general civil service may apply for this post and will be tested against a person specification at interview General responsibilities Procedures Management Others: Cashier, Clerk of Court The main duty of this role is Clerk of Court in all Criminal Courts. Other key activities within their responsibility may include processing miscellaneous criminal applications: Summary and Solemn Appeals Child Witness Notices Production Orders Specification of documents Surrender of passports The Clerk of Court is also a line manager and responsible for providing their staff with training, coaching, supervision and support and making sure they are equipped with the necessary skills and tools to effectively carry out their role. The Clerk of Court will also ensure that staff attendance and behaviours comply with SCS policies. They will also be required to perform any other duty assigned to them by their Line Manager/Office Manager/Sheriff Clerk. This court staff category plays an important role in: Criminal law and procedures (Cross-border criminal procedures) Procedural rights in criminal procedures Access to justice Rights of the victim Rights of the child Court Management (E-justice, Data protection, authentication of judicial and extra-judicial documents, 2

18 Health & safety, building administration) Role in process with EU law aspects Aspects of EU law: - Exist but constitute only a small aspect of the overall duties - Enforcement of EU financial penalties, Directives on interpretation and victims 4. Organisation of the category / profession Organising Structure Training providers numbers 1 public sector structure types Public sector structure : Training is provided internally by the Name(s) Professional organisation(s) N/A Source: Pilot Project - European Judicial Training: "Lot 3 State of play of training of court staff in EU law and promotion of cooperation between training providers at EU level ", carried out by the European Institute of Public Administration (EIPA) together with a consortium 3

19 Court staff categories in the EU Scotland Information provided by: (SCS) May, 2014 DESCRIPTION OF CATEGORIES OF COURT STAFF in Scotland 1. Court staff category / profession Name of Court Staff Category EO MANAGER (Depute in charge of a court) Sheriff and JP Courts (Justice of the Peace courts) (EO = Executive Officer) Legal basis / regulatory documents Judiciary and Courts (Scotland) Act Access to the category / profession Main Access conditions Qualifications: 3 HIGHERS (A-C) or equivalent (not applicable to candidates on internal promotion) Aspects of EU law: N/A Access process Recruitment procedure: the recruitment procedure takes place at regional level and at court level Interview/jury recruitment Selection through written application Alternative access routes YES Internal interview for civil servants 1

20 officers within the SCS/general civil service may apply for this post and will be tested against a person specification at interview 3. Responsibilities / Duties General responsibilities Procedures Management Others: Sheriff Clerk, Cashier, Clerk of Court The main function of the post holder is to manage all day to day requirements at the Sheriff and Justice of the Peace Court Building. Unlike many EO positions within the Scottish Court Service the role of Depute in Charge of a Court provides the post holder with a unique opportunity to experience a variety of work areas which in medium to larger sized courts would fall to be dealt with by a colleague of a higher grade. Duties include:- Management of the court diary and keeping same under continual review to take account of changing demands and resources and in relation to shrieval resource and, where necessary, re-arranging court business or obtaining part time/floating sheriff assistance Acting as clerk of court in all courts, the checking and processing of all applications lodged at court, i.e. civil, crime, commissary, including appeals and issue of extracts and delegating as appropriate those applications to be processed by AO Support, train, coach, develop, and mentor a small team of AO & SGB staff Monitoring of the budget profile for the Court, the processing and management of all financial and statistical returns including invoices, SDT s and all FITU Return Forms and the maintaining of all financial ledgers including both the Exchequer and Non- Exchequer Accounts and dealing with all accommodation and health and safety related issues Involvement with justice partners and the requirement to attend regular meetings as Sheriff Clerk including 2

21 protocol meetings, court advisory meetings, etc Engaging regularly with members within the community as the local representative of SCS This court staff category plays an important role in: Criminal law and procedures (Cross-border criminal procedures) Procedural rights in criminal procedures Access to justice Rights of the victim Rights of the child Court Management (E-justice, Data protection, authentication of judicial and extra-judicial documents, Health & safety, building administration) Role in process with EU law aspects Aspects of EU law - Exist but constitute only a small aspect of the overall duties - Enforcement of EU financial penalties, Directives on interpretation and victims 4. Organisation of the category / profession Organising Structure Training providers numbers 1 public sector structure types Public sector structure : Training is provided internally by the Name(s) Professional organisation(s) N/A Source: Pilot Project - European Judicial Training: "Lot 3 State of play of training of court staff in EU law and promotion of cooperation between training providers at EU level ", carried out by the European Institute of Public Administration (EIPA) together with a consortium 3

22 Court staff categories in the EU Scotland Information provided by: (SCS) May, 2014 DESCRIPTION OF CATEGORIES OF COURT STAFF in Scotland 1. Court staff category / profession Name of Court Staff Category Legal basis / regulatory documents GRADE 7, SUPREME COURTS Judiciary and Courts (Scotland) Act Access to the category / profession Main Access conditions Qualifications: Secondary school/high-school diploma 3 Highers (A-C) or equivalent (Unusual to have direct recruitment at this level). (Highers are the qualifications normally needed for entry into university or college to study for degrees and Higher National courses). Requirements: A comprehensive and detailed knowledge of the legal system and procedures regulating both the civil and criminal business of the Courts in Scotland with operational experience of management at a higher level). Aspects of EU law: N/A 1

23 Access process Recruitment procedure: the recruitment procedure takes place at national level Recruitment decision at Executive Director level, implemented at court level with Judicial input. Interview/jury recruitment (judge on interview panel) Selection through written application Alternative access routes YES, Internal interview for civil servants (A comprehensive and detailed knowledge of the legal systems and procedures regulating both the civil and criminal business of the Courts in Scotland with operational experience of management at a higher level. In-depth knowledge and operational experience of clerking work and court process in civil, criminal and all other aspects of court work). 3. Responsibilities / Duties General responsibilities Procedures Management Others: Contributing to SCS strategy through development of plans and systems and communicating the strategy, e.g. Future Court Structures, Sheriff Appeal Court. Leading the efficient and economical disposal of business in the Court of Session and High Court of Justiciary, understanding and responding to the needs of SCS users and others in the justice arena, ensuring procedural policy is shaped to achieve what is required, that the judiciary are well supported and continual improvements are achieved. Analysing draft legislation to ensure it is capable of practical application. Leading, coaching, managing and motivating staff. This court staff category plays an important role in: Civil law and procedures (Cross-border civil procedures) Commercial law and procedures (Cross-border commercial procedures) Criminal law and procedures (Cross-border criminal procedures) 2

24 Procedural rights in criminal procedures also in relation to civil procedure procedures (such as access to interpretation & translation, access to a lawyer, access to information, etc.) also in relation to civil procedures Access to justice Rights of the victim Rights of the child Administrative law and procedures Competition law and procedures Environmental law and procedures Assistance to judges and/or public prosecutors Management of courts: E-justice (organisation of Information Technology & Communication, videoconferencing), Data protection, Authentication of judicial and extra-judicial documents, Court programming/management of court agendas, Human Resources/personnel issues, Budget, Health & safety, building administration Role in process with EU law aspects Aspects of EU law - Exist but constitute only a small aspect of the overall duties 4. Organisation of the category / profession Organising Structure Training providers numbers 1 public sector structure types Public sector structure : Training is provided internally by the Name(s) Professional organisation(s) N/A Source: Pilot Project - European Judicial Training: "Lot 3 State of play of training of court staff in EU law 3

25 and promotion of cooperation between training providers at EU level ", carried out by the European Institute of Public Administration (EIPA) together with a consortium 4

26 Court staff categories in the EU Scotland Information provided by: (SCS) May, 2014 DESCRIPTION OF CATEGORIES OF COURT STAFF in Scotland 1. Court staff category / profession Name of Court Staff Category HIGHER EXECUTIVE OFFICER - HEO (Middle Manager), SUPREME COURTS Legal basis / regulatory documents Judiciary and Courts (Scotland) Act Access to the category / profession Main Access conditions Qualifications: Secondary School/High school diploma 3 Highers (A-C) or equivalent (Highers are the qualifications normally needed for entry into university or college to study for degrees and Higher National courses). Aspects of EU law: N/A Access process Recruitment procedure: the recruitment procedure takes place at court level Interview/jury recruitment Selection through written application Practical tests (testing practical skills) 1

27 Alternative access routes 3. Responsibilities / Duties YES Internal interview for civil servants (the candidate must have in-depth knowledge and/or operational experience of management, court process in civil, criminal and all other aspects of court work). General responsibilities Procedures Management Others: Management of staff. Checking competency of cases/applications/papers lodged, and of related procedures, quasi-judicial function in relation to interlocutors (orders of court). Providing procedural advice, Researching matters for judiciary, Clerking courts. This court staff category plays an important role in: Civil law and procedures (Cross-border civil procedures) Commercial law and procedures (Cross-border commercial procedures) Criminal law and procedures (Cross-border criminal procedures) Procedural rights in criminal procedures also in relation to civil procedure procedures (such as access to interpretation & translation, access to a lawyer, access to information, etc.) also in relation to civil procedures Access to justice Rights of the victim Rights of the child Administrative law and procedures Competition law and procedures Environmental law and procedures Assistance to judges and/or public prosecutors Management of courts: E-justice (organisation of Information Technology & Communication, videoconferencing), Data protection, Authentication of judicial and extra-judicial documents, Court programming/management of court agendas, Human Resources/personnel issues, Budget, Health & safety, 2

28 building administration Role in process with EU law aspects Aspects of EU law - Exist but constitute only a small aspect of the overall duties 4. Organisation of the category / profession Organising Structure Training providers numbers 1 national/regional public sector structure types Public sector structure : Training is provided internally by the Name(s) Professional organisation(s) N/A Source: Pilot Project - European Judicial Training: "Lot 3 State of play of training of court staff in EU law and promotion of cooperation between training providers at EU level ", carried out by the European Institute of Public Administration (EIPA) together with a consortium 3

29 Court staff categories in the EU Scotland Information provided by: (SCS) May, 2014 DESCRIPTION OF CATEGORIES OF COURT STAFF in Scotland 1. Court staff category / profession Name of Court Staff Category HEO OFFICE MANAGER (Civil) Sheriff and JP Courts (Justice of Peace Courts) (HEO = Higher Executive Officer) Legal basis / regulatory documents Judiciary and Courts (Scotland) Act Access to the category / profession Main Access conditions Qualifications: There is no direct recruitment to these posts and officers would be posted on promotion from within the SCS. Initial entry qualifications as set out for AO (Clerical) and EO Manager: (3 HIGHERS (A-C) or equivalent) or 5 SCE (Scottish Certificate of Education) Ordinary Level Grades O GRADES (A-C) or STANDARD GRADES (1-3) or equivalent Aspects of EU law: N/A Access process Recruitment procedure: the recruitment procedure takes place at regional level and at court level Interview/jury recruitment 1

30 Selection through written application Alternative access routes 3. Responsibilities / Duties YES Internal interview for civil servants officers within the SCS/general civil service may apply for this post and will be tested against a person specification at interview General responsibilities Procedures Management Others: Cashier, Clerk of Court, Sheriff Clerk More specifically: the HEO office manager is responsible for the day to day running of the Sheriff Clerk s Office and the court and underpins the Sheriff Clerk s more strategic approach to court business. Provides specialist support and assistance to staff, Sheriffs, Solicitors etc. Acts as Line Manager and Reviewing Officer to other staff; to train, coach, mentor and develop all staff. Deals with staff issues including IPR, absence and performance management Supports the Sheriff Clerk with planning and developing capacity for improved performance Manages staff and operations to ensure (i) the effective, efficient and economical processing of business; (ii) the development of services and (iii) the development of staff (iv) best use of resources Monitor targets, performance indicators and local statistical information by preparing and analysing data and reviewing systems and procedures. Takes relevant action where necessary to improve outputs Builds a network of effective communication and working relationships with other organisation and suppliers within the justice system Acts as Clerk of Court in civil, criminal and solemn courts as necessary Is the Accommodation Officer for the building; initiates all accommodation maintenance requests 2

31 Prepares the weekly court roll; manages and intimates changes to the weekly roll as required This court staff category plays an important role in: Civil law and procedures (Cross-border civil procedures) Commercial law and procedures (Cross-border commercial procedures) Criminal law and procedures Procedural rights in criminal procedures Human rights Access to justice Rights of the victim Rights of the child Assistance to judges and/or public prosecutors Courts management (E-justice, data protection, Authentication of judicial and extra-judicial documents, Court programming/management of court agendas, Human Resources/personnel issues, budget, Health & safety, building administration) Role in process with EU law aspects Aspects of EU law - Are becoming more important as more EU legislative instruments are being adopted - This court staff category deals with enforcement of EU financial penalties, directives relating to interpretation and victims 4. Organisation of the category / profession Organising Structure Training providers Professional organisation(s) numbers types Name(s) 1 national/regional public sector structure Public sector structure : Training is provided internally by the N/A 3

32 Source: Pilot Project - European Judicial Training: "Lot 3 State of play of training of court staff in EU law and promotion of cooperation between training providers at EU level ", carried out by the European Institute of Public Administration (EIPA) together with a consortium 4

33 Court staff categories in the EU Scotland Information provided by: (SCS) May, 2014 DESCRIPTION OF CATEGORIES OF COURT STAFF in Scotland 1. Court staff category / profession Name of Court Staff Category HEO Sheriff Clerk Sheriff and JP Courts (Justice of the Peace Courts) HEO=Higher Executive Officer Legal basis / regulatory documents Judiciary and Courts (Scotland) Act Access to the category / profession Main Access conditions Qualifications: There is no direct recruitment to these posts and officers would be posted on promotion from within the SCS. Initial entry qualifications as set out for AO (Clerical) and EO Manager Aspects of EU law: not known Access process Recruitment procedure: the recruitment procedure takes place at regional level and at court level Interview/jury recruitment Selection through written application 1

34 Alternative access routes 3. Responsibilities / Duties YES Internal interview for civil servants Officers within the SCS/general civil service may apply for this post and will be tested against a person specification at interview. General responsibilities Procedures Management Others: Clerk of Court More specifically: The main duties of this post involve the post holder managing staff, time, accommodation, Shrieval ((managing relationships with the judges ( sheriffs)), and other resources ensuring the court functions at optimum efficiency securing best value at all times. They must prepare and manage the court programme and allocation of court business to make the most effective use of court time in both Sheriff and JP Courts. Other activities within their responsibility include:- To monitor management information, targets, budgets and financial records, forecast trends, taking any necessary action to meet national targets now and in the future To ensure compliance with SCS Polices, Protocols and Charters in relation to Health and Safety, security, procurement, Customers, Witnesses, etc To participate with other justice partners at CJIG, Protocol and Court Liaison meetings, challenging inefficiencies to ensure optimum performance Act as clerk of court, cashier, etc. and process technical applications as necessary They will have overall responsibility for a small number of staff and require to provide leadership and development for them. 2

35 HEO Sheriff Clerks play an important role in: Civil law and procedures (Cross-border civil procedures) Commercial law and procedures (Cross-border commercial procedures) Criminal law and procedures (Cross-border criminal procedures) Procedural rights in criminal procedures Human rights Access to justice Rights of the victim Rights of the child Management of courts: E-justice (organisation of Information Technology & Communication, videoconferencing), Data protection, Authentication of judicial and extra-judicial documents, Court programming/management of court agendas, Human resources/personnel issues, Budget, Health & safety, building administration Role in process with EU law aspects Aspects of EU law - Are becoming more important as more EU legislative instruments are being adopted - HEO Sheriff Clerks deal with Enforcement of EU financial penalties, directives relating to interpretation and victims 4. Organisation of the category / profession Organising Structure Training providers Professional organisation(s) numbers types Name(s) 1 national public sector structure Public sector structure: Training is provided internally by the N/A 3

36 Source: Pilot Project - European Judicial Training: "Lot 3 State of play of training of court staff in EU law and promotion of cooperation between training providers at EU level ", carried out by the European Institute of Public Administration (EIPA) together with a consortium 4

37 Court staff categories in the EU Scotland Information provided by: (SCS) May, 2014 DESCRIPTION OF CATEGORIES OF COURT STAFF in Scotland 1. Court staff category / profession Name of Court Staff Category JUDICIAL ASSISTANT (SEO), SUPREME COURTS (SEO = Senior Executive Officer) Legal basis / regulatory documents Judiciary and Courts (Scotland) Act Access to the category / profession Main Access conditions Qualifications: Higher education degree in law (Minimum 2:1 award Bachelor of Law(LL.B. (Hons) degree) In depth knowledge of Scottish criminal law and experience of legal research work. Aspects of EU law: not known Access process Recruitment procedure: the recruitment procedure takes place at court level Procedure: Interview/jury recruitment (Lord Justice Clerk and/or Judge on interview panel) Prior to interview, written paper required on specific legal topic set by the Lord Justice Clerk 1

38 Selection through written application Alternative access routes 3. Responsibilities / Duties YES Internal interview for civil servants (A comprehensive and detailed knowledge of the legal systems and procedures regulating both the civil and criminal business of the Courts in Scotland with operational experience of management at a higher level. Budgetary knowledge and experience). General responsibilities Assistance to the judiciary in drafting decisions Others: Preparing a report, for use by the criminal appeal bench, that will form the basis for any Opinion to be delivered by the bench. To include, a précis of the relevant facts or evidence; a summary of the case and argument; summary of the substance of the ground of appeal and its basis in law, in terms of the case and argument; statutory provision and case law; and the Judicial Assistant s analysis of the case. This court staff category plays an important role in: Criminal law and procedures (Cross-border criminal procedures) Procedural rights in criminal procedures also in relation to civil procedure procedures (such as access to interpretation & translation, access to a lawyer, access to information, etc.) also in relation to civil procedures Human rights Access to justice Rights of the victim Assistance to judges and/or public prosecutors Management of courts: E-justice (data protection, Health & safety, building administration) Role in process with EU law aspects Aspects of EU law - Exist but constitute only a small aspect of the overall duties 2

39 4. Organisation of the category / profession Organising Structure Training providers numbers 1 national/regional public sector structure types Public sector structure: Training is provided internally by the Name(s) Professional organisation(s) N/A Source: Pilot Project - European Judicial Training: "Lot 3 State of play of training of court staff in EU law and promotion of cooperation between training providers at EU level ", carried out by the European Institute of Public Administration (EIPA) together with a consortium 3