Principal Crown Counsel (Criminal)

The Attorney General’s Chambers invites suitably qualified applicants to apply for the position of Principal Crown Counsel (Criminal).

Principal Crown Counsel (Criminal)

Mandate: 

The role of Principal Crown Counsel is to head the Crown Prosecution Division of the Attorney-General’s Chambers (AGC), taking primary responsibility for instituting and undertaking criminal proceedings on behalf of the Crown against any law in force in Anguilla; and performing such duties and functions as a prosecutor  on behalf of the Attorney-General in relation to the Attorney-General’s duties as Director of Crown Prosecutions under section 34 of the Constitution of Anguilla.

The Principal Crown Counsel will be a critical participant in the administration of justice, responsible for the delivery of an independent and effective prosecution service that is both fair and just. Core to the role is the prosecution of criminal offences in the Magistrates’ Court (Summary Court), High Court and Court of Appeal. The PCC will play a pivotal role within the criminal justice system - building and maintaining public and community confidence in the criminal justice system and working in partnership with other criminal justice agencies are central to the post.

Key Functions

• Assist the Deputy Attorney-General to Manage the workings of the Criminal Team.
•  Advise HE the Governor and Commissioner of Police.
•  Represent the Crown and Commissioner of Police in prosecutions and appeals.
• Assist with MLAT and extradition requests..

Key Duties

Main Responsibilities

Prosecutions: Reporting the Attorney General, lead responsibility for all matters concerning the prosecution of offences in Anguilla including:

 I. To advise the Royal Anguilla Police Force and other Law Enforcement Agencies within the Government of Anguilla in their investigations on matters of criminal law, policy or practice, including reviewing files submitted by the police and determining relevant charges for prosecution;

II. Formulate advice and appropriate actions, in consultation with the Attorney General as DPP, on serious, difficult and complex cases, often within challenging timeframes;

III.  Provide leadership and case management in respect of a range of all matters prosecuted in Anguilla; 

IV. Review and be accountable to the Attorney-General for the full range of legal advice and actions taken by the Crown Prosecution Division;

V. Lead prosecutions within the local courts;

VI.  Prepare detailed analysis of complex, factual and legal issues that concern criminal prosecution in Anguilla;

VII.  Develop and continually refine, under the direction of the Attorney-General, a broad strategy for prosecuting cases in Anguilla in conjunction with other relevant agencies in Anguilla, and where appropriate, with agencies in other jurisdictions

VIII. Advise the Attorney General on the necessity for legislative changes to improve the efficiency and workings of the Criminal Justice System;

IX. Prepare and institute the necessary standards and codes of practice for Crown and Royal Anguilla Police Force Prosecutors and guidelines for the effective and efficient discharge of duties under law; and

X.  Research, identify and recommend necessary amendments to modernise and improve criminal laws and procedures and the legal framework for the prosecution of matters.

Management / Supervision: The Principal Crown Counsel will have responsibility for securing the efficient and effective operation of the Crown Prosecutions Division of the AGC:

XI. Supervise  Senior Crown Counsel and Crown Counsel including allocating and monitoring of work, advising and guiding on responsibilities, training and mentoring and undertaking performance management responsibilities;

XII. Responsibility for continuous development to raise the skills and standards of the Crown Prosecution Division; an

XIII. Assists the Attorney-General with the supervision of the staff of the AGC generally;

Strategic and Corporate Responsibilities: As second in command to the Attorney General in the Crown Prosecutions Division of the AGC, contribute to the corporate leadership and management of the AGC

XIV. Setting priorities and achieving targets and objectives consistent  with those of the wider Criminal Justice System;

XV.  Maintaining the independence of the Crown Prosecutions Division in the exercise of its constitutional and statutory functions;

XVI. Carrying out representational duties on behalf of the Attorney General both locally and internationally; and

XVII. Promoting effective community engagement which inspires and raises public confidence in the Crown Prosecution Division.

Performance Parameters

(i)      Compliance with the goals of the Legal Department.

(ii)     Compliance with the aims and objectives of the of the Criminal Team.

(iii)    Compliance with personal objectives.

(iv)     Extent to which Code for Prosecutors has been properly applied.

Performance Parameters

(i)        Compliance with the goals of the Legal Department.

(ii)       Compliance with the aims and objectives of the of the Criminal Team.

(iii)       Compliance with personal objectives.

(iv)       Extent to which Code for Prosecutors has been properly applied.

Scope of the Job

The job carries significant responsibility in assisting the Head of the Criminal Division in the Attorney General’s Chambers.  It also offers the scope of assisting with the reform and development of criminal legislation, practice and procedure.  

Professional Qualifications 

Minimum qualifications and experience.

• Legally qualified to practice in a common law jurisdiction including higher rights of audience;
• A minimum of ten (10) years comprehensive knowledge and practical criminal litigation experience
• Experience appearing before the higher criminal courts in the applicant's native jurisdiction and  before a Court of Appeal;
• Extensive in financial crime litigation, including Proceeds of Crime, anti-money laundering offences, terrorist financing and in prosecuting criminal confiscation;
• At least seven (7) years of their experience at a senior supervision level, which includes providing visible leadership to ensure the timely and efficient delivery of a prosecution
• Experience of taking decisions personally in serious, difficult and complex cases.

Ideally, the post holder should also have:

Extensive knowledge in extradition and mutual legal assistance matters