Job title: Operational Lawyer Grade: PO 2 Role code: E501010 Status: Police Staff Home Office code: Operational Support
Main purpose of the role:
Assist and provide professional support to the Force Solicitor in advising and representing the Chief Constable and other members of Essex Police on all aspects of law as it affects the force which accords with the principals of Best Value. Provide an efficient and effective legal service to Essex Police as a whole which assists in and limits liability and negative reputation.
Provide professional advice and presentation to the Chief Constable in relation to civil applications made in magistrates and county courts to deter offending, gang-related drug dealing and violence and other anti- social behaviour, and to prevent risk harm and threats to members of the public.
Investigate claims made against the Chief Constable by taking statements, gathering evidence, preparing written reports, complying with court directions and preparing and progressing case files / paperwork to limit liability against Essex Police.
Advise Chief Officers and senior managers on the interpretation of legislation, case law and other matters, relating to all areas of police business including operations, litigation, property disputes, licensing, firearms, and media matters, in order to provide full and accurate legal advice.
Manage a personal caseload, including gang injunctions, domestic violence protection orders, sexual offender orders, closure orders, disclosure, Anti-Social injunctions, through the full legal processes including all necessary advocacy before the Courts or, if necessary, briefing counsel where applicable, making all necessary decisions for the progress of the case to either a final full hearing or a negotiated or arbitrated decision, as allocated by the Force Solicitor in order to protect the best interests of the Force and obtain best value.
Prepare, draft and sign off documents which include applications, court orders, consent orders, correspondence, briefs, reports and file notes as required by the Force Solicitor.
Provide advice as required to members of the Force in all matters of law and provide guidance as required, working with external specialists wherever appropriate and necessary, to ensure decisions taken by the Force are in accordance with the law and will stand up to external scrutiny.
Maintain knowledge of all the various laws, guidelines and codes of practice relevant to the police service in order to provide full and accurate legal advice to others as necessary.
The post holder must have the necessary qualifications and rights of audience of a solicitor or barrister with a sound, proven track record of providing operationally focused legal services and advocacy in the magistrates court and/or the county court. Experience in one or more of the following areas of law crime, police and/or regulated activity.
The post holder must have significant personal motivation and drive, strong interpersonal, communication and negotiation skills.
A high level of diplomacy is required as the post holder will be dealing with a wide range of legal representatives, officers of all ranks and members of the public.
The post holder must have IT skills, including email, word, excel.
Willingness to travel for work and there will be a requirement for occasional weekend working on a rota basis.
Required to have to undertake the post: Qualified Barrister or Solicitor with rights of audience in the Magistrates and County Courts.
Communication and IT Skills.
Experience of advising in matters concerning crime/Police work or civil courts.
Working within a Police or other environment.
Analyse critically (level 2)
I ensure that the best available evidence from a wide range of sources is taken into account when making decisions. I think about different perspectives and motivations when reviewing information and how this may influence key points. I ask incisive questions to test out facts and assumptions, questioning and challenging the information provided when necessary. I understand when to balance decisive action with due consideration. I recognise patterns, themes and connections between several and diverse sources of information and the best available evidence. I identify when I need to take action on the basis of limited information and think about how to mitigate the risks in doing so. I challenge others to ensure that decisions are made in alignment with our mission, values and the Code of Ethics.
Collaborative (level 2)
I manage relationships and partnerships for the long term, sharing information and building trust to find the best solutions. I help create joined-up solutions across organisational and geographical boundaries, partner organisations and those the police serve. I understand the local partnership context, helping me to use a range of tailored steps to build support. I work with our partners to decide who is best placed to take the lead on initiatives. I try to anticipate our partners' needs and take action to address these. I do not make assumptions. I check that our partners are getting what they need from the police service. I build commitment from others (including the public) to work together to deliver agreed outcomes.
Deliver, support and inspire (level 2)
I give clear direction and expectations, helping others to understand how their work operates in the wider context. I identify barriers that inhibit performance in my teams and take steps to resolve these, enabling others to perform. I lead the public and / or colleagues, where appropriate, during incidents or through the provision of advice and support. I ensure the efficient use of resources to create the most value and the right impact within my areas. I keep track of changes in the external environment, anticipating both the short and long term potential implications for the Police Service. I motivate and inspire others to achieve their best.
Emotionally aware (level 2)
I consider the perspectives of people from a wide range of backgrounds before taking action. I adapt my style and approach according to the needs of the people I am working with, using my own behaviour to achieve the best outcome. I promote a culture that values diversity and encourages challenge. I encourage reflective practice among others and take the time to support others to understand reactions and behaviours. I take responsibility for helping to ensuring the emotional well being of those in my teams. I take the responsibility to deal with any inappropriate behaviours.
Innovative and open-minded (level 2)
I explore a number of different sources of information and use a variety of tools when faced with a problem and look for good practice that is not always from policing. I am able to spot opportunities or threats which may influence how I go about my job in the future by using knowledge of trends, new thinking about policing and changing demographics in the population. I am flexible in my approach, changing my plans to make sure that I have the best impact. I encourage others to be creative and take appropriate risks. I share my explorations and understanding of the wider internal and external environment.
Take ownership (level 2)
I proactively create a culture of ownership within my areas of work and support others to display personal responsibility. I take responsibility for making improvements to policies, processes and procedures, actively encouraging others to contribute their ideas. I am accountable for the decisions my team make and the activities within our teams. I take personal responsibility for seeing events through to a satisfactory conclusion and for correcting any problems both promptly and openly. I actively encourage and support learning within my teams and colleagues.
I take into account individual needs and requirements in all of my actions. I understand that treating everyone fairly does not mean everyone is treated the same. I always give people an equal opportunity to express their views. I communicate with everyone, making sure the most relevant message is provided to all. I value everyone's views and opinions by actively listening to understand their perspective. I make fair and objective decisions using the best available evidence. I enable everyone to have equal access to services and information, where appropriate.
I always act in line with the values of the police service and the Code of Ethics for the benefit of the public. I demonstrate courage in doing the right thing, even in challenging situations. I enhance the reputation of my organisation and the wider police service through my actions and behaviours. I challenge colleagues whose behaviour, attitude and language falls below the public's and the service's expectations. I am open and responsive to challenge about my actions and words. I declare any conflicts of interest at the earliest opportunity. I am respectful of the authority and influence my position gives me. I use resources effectively and efficiently and not for personal benefit.
Public service (accredited)
I act in the interest of the public, first and foremost. I am motivated by serving the public, ensuring that I provide the best service possible at all times. I seek to understand the needs of others to act in their best interests. I adapt to address the needs and concerns of different communities. I tailor my communication to be appropriate and respectful to my audience. I take into consideration how others want to be treated when interacting with them. I treat people respectfully regardless of the circumstances. I share credit with everyone involved in delivering services.
I ensure that my decision-making rationale is clear and considered so that it is easily understood by others. I am clear and comprehensive when communicating with others. I am open and honest about my areas for development and I strive to improve. I give an accurate representation of my actions and records. I recognise the value of feedback and act on it. I give constructive and accurate feedback. I represent the opinions of others accurately and consistently. I am consistent and truthful in my communications. I maintain confidentiality appropriately.
Health and Safety (Level 3)
Has a basic understanding of Health and Safety issues affecting the current role and working environment. Takes responsibility for personal safety and the safety of others. Aware of hazards and reports problems identified to line manager. Understands and minimises the physical risk of injury through the use of proper manual handling procedures.
Information Gathering and Analysis (Level 5)
Information gathered is sufficient, valid and reliable and is consistent with the organisation's values, policies, guidelines and procedures. Able to deal with situations when information is insufficient, contradictory or ambiguous. Able to organise and interpret information so that conclusions can be drawn.
Internal Consultancy (Level 3)
Demonstrates an understanding of Force business / internal client needs and expectations in relation to the consultancy specialism offered by the Department or Unit. Clarifies client requirements in response to requests for help and support. Collects and analyses relevant data, using appropriate methodologies and offers practical solutions which meet client requirements. Builds and develops effective working relationships with clients.
Knowledge of Police Environment and Policy (Level 4)
Displays a general appreciation of changes affecting the police service. Understands the inter-relationships between the roles of the various Operational and Support activities, and how organisation structures and police systems work. Possesses a detailed understanding of working procedures, practices and policies relevant to the current role and the roles of subordinates and ensures that these are followed at all times. Is clear about Force goals and effectively contributes to local business plan objectives.
Knowledge of Legislation and Policy (Level 5)
Has a thorough understanding of the responsibilities of the police and all other participants in the legal process. Has overall responsibility for advising other officers on the application of all legislation, policy and procedure relevant to the current role. Confident in the application of the complaints procedure and policy, able to initiate an investigation, where this is warranted, and secure relevant evidence.
Legal (Level 6)
Conversant with a wide range of civil and criminal law, and able to advise police personnel at all levels on practical and problematic issues. Able to act as advocate to the Chief Constable if required, and direct and manage the appointment of legal representatives for the Force. Likely to be a qualified solicitor or barrister.
Management of Police Information (MOPI) (Level 4)
Full compliance with Level 3. Has successfully completed all standard relevant Information Management and Security training package(s). Accurate use of Government Security Classification (GSC). Ensures physical and digital records are stored with appropriate security relevant to the sensitivity of the documents and has working understanding of appropriate National Retention Schedules. Is able to quality assure own records management processes as well as those of any staff for whom they have supervisory responsibility. Is aware of where to seek further support in relation to Records management within force when necessary. If nominated as an Information Asset Assistant is familiar with the NPCC Information Asset Owners Handbook.
Office Technology (Level 3)
Able to utilise relevant Force standard office software products such as word- processing, spreadsheet, database, presentation and desktop publishing packages to a standard that matches the requirements of the current role in terms of quality and speed. Can operate other items of essential office technology such as photocopiers, facsimile machines, answerphones, shredders, in order to effectively undertake the requirements of the current role. Aware of the implications of Data Protection and acts appropriately in this respect.
Risk Management (Level 5)
Able to anticipate, accurately define and establish the relative level of risk likely to affect their specialist function, in terms of likelihood and impact, together with how the challenges facing the wider organisation might affect their role within the force. Assesses the risks of national initiatives providing feedback at the relevant level. Has an understanding of pathways to alert all appropriate senior managers to flawed or ineffective control strategies and provide continuity/recovery options. Has an appreciation that seizing opportunities also generates risks.