Trio of regulators launch search for prosecution advocates

The Health and Safety Executive, the Environment Agency and the Office of Rail Regulation are looking to appoint a list of advocates to conduct their higher court prosecution work and other regulatory advocacy.

Advocates will be nominated at three levels – approximately 30 at A, 30 at B and 40 at C – depending on the complexity of the case.

The move comes with the ending of the Attorney General’s Unified List of Prosecuting Advocates on 31 March 2012. This is because the prosecution function of the main departments which used the Unified List – such as Revenue and Customs Prosecution Office – have become part of the Crown Prosecution Service.

The three organisations behind the new scheme issue instructions in about 250 cases each year, just under 10% of the annual instructions under the Unified List.

There will be one regulatory list for the whole of England and Wales. The three organisations had considered maintaining the regional based structure of the Unified List, but said the significant reduction in the number of instructions and therefore advocates needed, made this impossible.

Consideration will be given to the need to conduct top up and/or refreshment exercises after an initial period of three years.

The HSE and the ORR will also each appoint two Standing Counsel. The successful candidates will act as advocates in the most complex cases, give strategic advice on issues emerging in casework or investigations, and deliver training.

They will also “develop an in depth relationship with HSE and ORR and engage with their corporate ethos in order to facilitate more effective advice and understanding in relation to law, policy and process”.

Further information can be found here. The closing date for applications is 12 March 2012 at 12 noon.