Correspondence

Information for Applicants (Scotland)

Published 17 September 2024

Applies to Scotland

• Publication for England
• Publication for Wales

ADVOCATE GENERAL’S PANEL OF SPECIAL ADVOCATES

INFORMATION FOR APPLICANTS 2024

Thank you for your interest in the Advocate General’s Panel of Special Advocates. 

General Background

The role of the Special Advocate has developed in proceedings before a wide variety of forums, both statutory and non-statutory in origin, where a party, with the permission of the forum, seeks to rely upon ‘closed’ evidence. Closed evidence may raise issues concerning national security. The effect of closed material being used is broadly that individuals and their legal representatives are excluded from those parts of proceedings in which it is used. Special Advocates perform an important role by representing the interests of the excluded party and subjecting the closed material to independent scrutiny, thereby promoting as fair a hearing as is possible in the circumstances.  

The Advocate General wishes to establish a panel of Special Advocates in Scotland. It is anticipated that the Special Advocates who are appointed will principally be involved in cases before the Court of Session and potentially the Special Immigration Appeals Commission (SIAC). The work in the Court of Session may include applications for the review of Terrorism Prevention and Investigation Measures (TPIMs), Temporary Exclusion Orders (TEOs) and other disruption measures, as well as sanctions challenges and judicial reviews under the National Security & Investment Act 2021. However, since closed material can be deployed in a range of civil contexts, Special Advocates may also require to appear in the Employment Tribunal, the Security Vetting Appeals Panel (SVAP), in family litigation and before the Parole Board.

When making an appointment, the Advocate General will generally seek nominations of their preferred Special Advocates 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.

The skills and abilities required are not confined to the public law field but include those of criminal lawyers and those with experience of handling witnesses in civil cases. Special Advocates in England and Wales appointed to the Attorney General’s panel most commonly act in the statutory context of SIAC, but there are also judicial reviews and damages claims against government bodies, as well as cases before the Parole Board, Employment Tribunal, SVAP and in the Family Courts. There can also be a commercial aspect to Special Advocate work, for example sanctions challenges or judicial reviews under the National Security & Investment Act 2021.   It is possible that Special Advocates appointed to the Advocate General’s panel may also require to undertake work in these areas.

Experience of the following is therefore helpful to carrying out the role of a Special Advocate but not necessary in order to make a successful application:

• Civil damages work;
• Criminal law work;
• Immigration litigation;
• Proceedings involving Public Interest Immunity applications;
• Employment Tribunal work;
• Work before the Parole Board;
• Family Law work, including care applications.

For the avoidance of doubt, applications will not be scored with reference to these areas – they are intended to provide an indication of the types of areas of work best suited to demonstrating the criteria required.

It is, however, necessary for applicants to 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.

Areas (a) and (b) are fundamental to the work carried out by a Special Advocate. We do not, however, require that this work has been undertaken in any particular field of expertise.

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

Appointments will be for a period of ten years subject to maintaining satisfactory performance and continuing to hold the appropriate security clearance.

Eligibility

The competition is open to KCs, Advocates and Solicitor Advocates with Rights of Audience in Scotland. Applicants must have:

1.At least three years’ advocacy experience in actual practice, whether as an Advocate, solicitor or Solicitor Advocate by  18 October 2024.  You must currently be a KC, an Advocate or a Solicitor Advocate.

2.Experience of both advocacy and advisory work in at least one of one or more of the following areas of work:  

• representing either pursuers or defenders in proceedings for or against the government or other public bodies;
• judicial review work; or
• criminal work.

3.Advocacy experience and ability as demonstrated by appearances in one or more of: the Court of Session, High Court, Sheriff Court, Employment Tribunal (or any other court or tribunal).

4.Written/drafting ability to be evidenced by a recent specimen of written work (an Opinion or a Note of Argument).

5.Reasonable computer literacy, as evidenced by an ability to produce written documents using packages such as Word or similar.

6.Successful applicants will need to obtain ‘developed vetting’ security clearance (DV) before they can be formally appointed to the Panel.

Application

All applicants are required to complete an application form which can be obtained via the Office of the Advocate General’s website:

https://www.gov.uk/government/publications/appointment-to-the-advocate-generals-panel-of-special-advocates

Once completed, the form must be emailed to businesssupport@advocategeneral.gov.uk in Word (or similar format) no later than midday on 18 October 2024.

Equality and Diversity Monitoring Form

The arrangements for the Advocate General’s Panel of Special Advocates follow the fundamental principles of the Equality Act 2010. Accordingly, all applicants applying to become a Special Advocate must complete an Equality and Diversity Monitoring Questionnaire. Please complete the form and email it with your application (in Word or similar format).

The Advocate General will appoint the advocates 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. Women, members of ethnic minorities and those with disabilities are particularly encouraged to apply.

Completing the form will help us to monitor who is applying and consider how to further encourage applications from those in underrepresented groups in future campaigns.

The information you provide will be treated in total confidence. The equality and diversity form will be kept separate from your application form and will not be seen by anyone involved in assessing your application or selecting the new panel members. The information will be used to compile anonymous statistics during the recruitment exercise, and retained only if you are appointed, again for statistical purposes regarding the composition of the Panel.

For details of how we handle your data please see our privacy notices GLD Privacy Notice and OAG Privacy Notice

Selection

Following consideration of all the applications, the selection panel, which will comprise one lawyer from the Office of the Advocate General and one lawyer from the Special Advocates’ Support Office, will present their recommendations to the Advocate General. Appointments will be made by the Advocate General.   

Information Security

The government departments that make use of Special Advocates take information security very seriously. Successful applicants will be expected to apply for DV clearance, to safeguard government information in their possession, to adhere to government information security requirements and to complete various questionnaires regarding compliance with those requirements during their time as a Special Advocate.

Further Information

We have produced a Frequently Asked Questions (FAQ) sheet which is available as a separate part of the application pack. If you cannot find the answer to your question on the FAQ sheet, please feel free to contact the Office of the Advocate General by email to: businesssupport@advocategeneral.gov.uk

September 2024