Frequently Asked Questions 2024

Question

Accepted Answer

The Role of Special Advocate:

I am interested in applying to be a Special Advocate. Where can I find out more about the role?

This is addressed in the ‘Information for Applicants 2024’ document which is available on our website, and the SASO Manual, which is available on GOV.UK and provides a more comprehensive overview of the work undertaken by Special Advocates. We will also be running a recruitment event in early October (date tbc) where further information will be provided, and where applicants will have an opportunity to ask questions. Please contact us at businesssupport@advocategeneral.gov.uk if you would like to attend and further information about joining will be circulated in due course.

How are Special Advocates allocated work?

When making an appointment, the Advocate General will generally seek nominations from the individual in whose interests the Special Advocate will act. As such there can be no guarantee of work for those appointed to the panel.

How many Special Advocates are being recruited?

We do not have a set number of positions to be filled, the number of successful applications will be determined on merit alone.

What skills does a Special Advocate need?

Please see ‘Information for Applicants 2024’ setting out the eligibility criteria and experience required. It is important to be able to work as a part of a team, as Special Advocates work closely alongside the Special Advocates’ Support Office (SASO). Additionally, some cases will also have a Senior and Junior Special Advocate appointed. Special Advocates also however need to be able to work independently with confidence, as they cannot discuss cases with anyone other than another Special Advocate on the case, and (after seeing the closed material) SASO CLOSED.

Eligibility:

I am a Solicitor Advocate, can I apply?

Yes. Solicitor Advocates can apply to the Panel but if you are successful, before your appointment takes effect, you will need to confirm the following in writing.

Permission from your employer to take on work from outside your employer’s practice.
A commitment from your employer to allow you sufficient time to work on any instructions through the Panel.
You have appropriate insurance for your work as a Special Advocate.
You have adequate clerking-style administrative support (either provided by your employer or yourself separately).
You have the necessary rights of audience to represent excluded parties in all Scottish Courts.
A clear conflicts policy and process for considering potential conflict with your firm’s/employer’s other clients and work.

I am currently appointed as Standing Junior Counsel to the Advocate General / a KC with DV clearance for UK Government work. Can I still apply to be a Special Advocate?

Yes. However, please note that the Advocate General may decide not to instruct Standing Junior Counsel or KCs who are appointed as Special Advocates, to represent the UK Government in litigation or undertake advisory work for the UK Government.

How much experience do I need in order to apply?

Applicants will usually have at least three years’ advocacy experience in actual practice. You must be an Advocate or a Solicitor Advocate.

I am a silk (KC), can I apply to join the Panel of Special Advocates?

Yes, Special Advocate recruitment in Scotland is open to KCs, Junior Counsel and Solicitor Advocates.

Do I need to hold a Security Clearance in order to apply?

No, but you will need to apply for, and obtain, Developed Vetting (the highest level of security clearance) in order to undertake any work as a Special Advocate. This can take a number of months to obtain, and can be quite intrusive in terms of the questions asked both of yourself and family members. Security clearance would need to be in place before you can be formally appointed to the Panel. In the event that security clearance was revoked once you had begun work as a Special Advocate, you would no longer be able to carry out any work as a Special Advocate. Further information on the security clearance application process will be provided to successful applicants.

I am a criminal specialist, can I apply?

Yes. A number of current Special Advocates in England and Wales have a background in criminal law. Applicants should draw out any relevant experience they have as well as evidence of their ability, aptitude and willingness to work effectively outside their specialist area in their application.

I specialise in one area of law, can I apply?

Yes. However, demonstrating ability, aptitude, and willingness to work effectively in more than one area can be valuable.

Is experience of any particular type of work a requirement in order to apply?

We require that applicants have experience in at least one of the following areas of work:

representing either pursuers or defenders (e.g. a government department) in proceedings for or against the government or other public bodies;
judicial review work; or
criminal work.

We do not require that the work in areas (a) and (b) has been carried out in any particular field of expertise.

I am a member of an underrepresented group. Should I apply?

Women, members of ethnic minorities and those with disabilities are particularly encouraged to apply.

The Advocate General will appoint the applicants who appear to be best qualified regardless of age, disability, sex, gender reassignment, marital and civil partnership status, pregnancy and maternity, race, religion and belief, or sexual orientation.

I practice in England and Wales or Northern Ireland, can I apply for the current exercise?

A Special Advocate appearing in the Scottish Courts will require to have rights of audience in Scotland. A parallel recruitment exercise for Special Advocates to be appointed to the Attorney General’s panel is being conducted for those with rights of audience in England and Wales.

It is anticipated that the exercise to those practising in Northern Ireland will be opened later in the year or next year.

If you practise in more than one jurisdiction, you will need to make a separate application in each jurisdiction you wish to be considered for.

I do a lot of pro bono work so can I refer to this in my application?

Pro bono work can provide useful evidence and you are welcome to include it in your advocacy and advisory examples and as evidence of your written work. You can also include this work in your list of advocacy and advisory cases.

Completing the form:

You ask for a case list; will a diary printout suffice?

No. A diary printout will not provide the information the selection panel want to see. They want to understand each applicant’s current practice.

Two tables within the application form are provided to enable you to supply this information.

The advocacy table asks you to list the key cases you have undertaken recently, detailing the areas of law covered; the courts/tribunals appeared in; and whether or not you were led. If you deal with numerous similar cases each month, just one summary entry encompassing all similar cases for that month would suffice. We would expect most examples to have been from within the past 12 months but if you have been out of practice for all or part of that period, for example on parental leave/a career break, then it is acceptable to go back further in time.

The advisory table asks you to list the key pieces of advice that you have given recently, detailing what you have learned from each example. If you deal with numerous similar cases each month, just one summary entry encompassing all similar cases for that month would suffice.

How detailed should my advocacy and advisory examples be?

The selection panel want to see examples that showcase the range and complexity of each applicant’s experience. It is therefore important that you clearly explain the role you played in the examples you provide. The need to anonymise examples is understood, but this should be done in such a way that the reader can still follow the narrative.

Please be aware there is a maximum word count of 1000 words in total for your three advocacy examples combined with your advocacy lesson learned, a maximum word count of 1000 words in total for your three advisory examples combined with your advisory lesson learned. Finally there is a maximum word count of 400 words for the ‘The Work of Special Advocate’ section. Applicants are encouraged to use the full word count.

What do you mean by a lesson learned?

We are asking applicants to consider what they have learned in relation to their advisory and advocacy examples. When answering this question, applicants should ask themselves, ‘what insightful lesson have I learned/reflected on?’

The selection panel want applicants to identify cases from which they have gained experience that they have been able to take away and use in other matters. The lesson learned should not be too basic or perfunctory, such as the need to prepare for cross-examination. Applicants should provide evidence of insight and self-reflection.

What sort of Opinion or Note of Argument should I submit?

Bearing in mind that the selection panel will not be conducting interviews, it is important that the example of written work submitted fully reflects each applicant’s abilities. The Opinion or Note of Argument is the only direct evidence that the selection panel will see of the applicant’s work. A recent example of a well-structured piece of written work dealing with difficult topics in a manner that the reader finds reasonably easy to understand is more likely to create a favourable impression than those which do not. In making your choice of Opinion or Note of Argument you should bear in mind the following considerations:

The document should contain an element of legal analysis rather than just be based entirely on issues of fact or procedure.
If you are putting in something that is more than three years old, then you should explain why you have nothing more recent that is suitable.
You do not want something that is too short. Neither should either document be too long (i.e. longer than 20 pages in length). You may also want to consider whether the length of the Opinion or Note of Argument submitted would warrant a good summary. We are looking at the quality rather than length, and a shorter piece of written work that hits the mark may be effective in demonstrating conciseness.
Our preference is not for joint Opinions or Notes of Arguments but in the case of a jointly signed document, you must confirm that it was principally your own work.

What if I go over the word count on any of the questions?

We ask applicants to aim to use the full word count of 1000 words for both advocacy and advisory sections, and 400 words on ‘The Work of a Special Advocate’ section, and for the number to be stated. If your answer goes over the word limits above, the selection panel will stop reading once the limit has been reached. If it goes considerably over, then this might call into question the applicant’s judgement and ability to follow instructions.

I have no experience of working in cases involving Special Advocates, what are you looking for in the response to that question?

The response to this question should indicate that the applicant has (i) an understanding of the world of Closed Material Procedures; (ii) an appreciation for the special demands of working as a Special Advocate and (iii) has thought about how they would go about tackling any specific challenges.

Pay:

What is the hourly rate for a successful applicant?

KC Special Advocate hourly rates will be negotiated on a case by case basis along the usual financial parameters for UK Government litigation work in Scotland.

The rate for Junior Counsel Special Advocates in Scotland as at the date of appointment is:

Those with fewer than 7 years advocacy experience - £80 per hour
Those with 7 or more years advocacy experience - £120 per hour

The date of appointment relates to joining the Panel once security clearance has been obtained.

References:

What is the role of the referees?

Referees are not asked to be your supporter. Rather they are asked to provide evidence as to how you demonstrate the skills required as set out in the reference pro forma.

How many referees will I need?

You should provide three references. We recommend that applicants, if possible, provide at least one reference from a member of the judiciary.

How do I submit my references?

All applicants should send the reference pro forma, which can be downloaded from our website here, to each referee who should complete it and submit by email to businesssupport@advocategeneral.gov.uk by the application deadline (i.e. by midday on 18 October 2024).

Can I submit a reference on behalf of my referee?

No. All referees must submit a reference using their own professional email.

What if my referee does not have a professional email?

All referees must submit a reference using their professional email unless they have retired.

Will my application still be considered if I do not have a judicial referee?

Yes. We recognise that for applicants with more limited post-qualification experience, it may not be possible to find a judicial referee. However, the greater the advocacy experience of the applicant, the more the selection panel might question why a judicial reference was not provided.

Is there a preference for a Court of Session or High Court Judge instead of a Sheriff as a judicial referee?

The most valuable judicial references are from those who have seen the applicant on their feet, preferably on more than one occasion. A reference from an Arbitrator or Planning Inspector who has seen the applicant on their feet would serve the same purpose.

Can I use three judicial referees?

Three references from the judiciary is perfectly acceptable.

Each reference, if chosen well, provides an opportunity to submit new and objective examples of clear and compelling evidence of an applicant’s abilities.

Are there any people I cannot ask to be my referee?

There is no one you cannot ask if you consider they are best placed to provide evidence of the skills required as set out in the reference pro forma. However, we do ask referees to disclose on their reference pro forma if they are:

your former devilmaster
a member or former member of your stable or a partner, employee or associate or former partner, employee or associate of your firm or any organisation that employs you.

Evidence will be strongest from referees who have seen the applicant operating in their professional capacity (in court, in conference, or in writing).

I have approached more referees than are required, can they all be used to support my application?

No. If we receive more than the requested number of references we will contact the applicant and ask that they select the relevant number out of those available to support their application. The remaining references will not be seen by the selection panel. If a preference is not offered, we will only submit the first three received.

One of my referees is on holiday and will not be able to submit a reference by the deadline, will a late reference be accepted?

Please email businesssupport@advocategeneral.gov.uk if there will be a delay in the submission of a reference, and a member of the team will advise if it can still be included alongside your application.

One of my referees is now unable to provide a reference, can I use another one?

Yes. Not having a full set of references will put applicants at a disadvantage, so please email businesssupport@advocategeneral.gov.uk if there is a need to identify an alternative referee.

What happens if one of my referees is late sending in their reference?

The responsibility is with the applicant to ensure their references are submitted on time, so please do keep in contact with your referee to check they have submitted it. Please email businesssupport@advocategeneral.gov.uk if there will be a delay in the submission of a reference.

Information contained in references is important to the selection panel and if not received, your application is very likely to be unsuccessful.

Submitting an application:

How do I submit my application?

Applications require to be submitted by email to the Office of the Advocate General: businesssupport@advocategeneral.gov.uk

Can I submit my application by post?

No. All forms must be submitted electronically via the email addresses provided.

Can the application form be emailed in PDF format?

No. All forms must be submitted in Word or similar format please.

Can the written example/case list be emailed in PDF format?

No. All elements of the form must be submitted in one Word (or similar) document format. If altering the format of one or any of the attachments from PDF to Word or similar format causes issues, applicants should email businesssupport@advocategeneral.gov.uk and a member of the team will make contact and offer assistance.

Can I make changes to my application once I have submitted it?

Yes. Even after completing the submission process, it is still possible to email a revised application at any time before the deadline.

Will I be chased if I submit the wrong application form?

No. Unfortunately, we are unable to chase applicants for the correct version of the application form. The responsibility is with the applicant to ensure they have attached the correct application form to their email.

I will struggle to meet the published deadline; can I submit a late application?

No. Unfortunately, we are unable to accept late applications save in very exceptional circumstances.

Am I able to appeal the decision of the application outcome?

No. The decision of the selection panel will be final.

When will I hear about the outcome of my application?

After the closing date we need to allow time for the papers to be distributed to members of the selection panel. The selection panel will meet by December 2024. Our target is to notify applicants of the outcome of their application subject to clearance by the end of December 2024 at the latest. All applicants will receive a letter once the Advocate General has decided whom to appoint subject to clearance in the light of the selection panel’s recommendations. Successful applicants will be invited to apply for DV clearance and if successful will then be appointed to the panel.

Other Matters

How is this recruitment campaign impacted by the Ouseley Review on CMPs?

The Government’s response to the Ouseley Review was published in May 2024. It commits to implementing a number of the recommendations made, and further particulars in relation to timelines are expected to be published by the MoJ in due course. A copy of the response can be found here.

September 2024

FAQ Sheet for Applicants (Scotland)

Applies to Scotland

Advocate General’s Panel of Special Advocates