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Appointment details

Non-Judicial Members of the Sentencing Council

Summary

• Organisation: Sentencing Council for England and Wales
• Sponsor department: Ministry of Justice
• Location: London
• Sectors: Judicial, Prisons & Policing
• Skills: Legal, Judicial
• Number of vacancies: 2
• Time commitment: 36 day(s) per annum
• Remuneration: £12,600 per annum
• Length of term: 3 years
• Application deadline: 3pm on 6 November 2024

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Timeline for this appointment

1. Opening date

   16 October 2024

2. Application deadline

   3pm on 6 November 2024

3. Sifting date

   27 January 2025

4. Interviews expected to end on

   17 March 2025

Timeline dates are only an estimate and can change

About the appointment

Appointment description

Members will be expected to play an active role on the Sentencing Council.  The responsibilities of members are to:

• Deal with complex issues and analysis concerning the approach to sentencing and the guidance to be issued to courts.  This may be guidance for sentencing particular types of offences (for example, motoring, blackmail or animal cruelty offences) or for crosscutting issues (for example, the significance of previous convictions, or guidance on sentencing cases involving domestic abuse).
• Members will also need to contribute to discussion about the identification and analysis of relevant research and data.
• Members are expected to make a positive contribution to the efficient and effective delivery of the Council’s statutory functions and the priorities identified in its business plans and to support the Chair.
• Members will be able to demonstrate a sound knowledge of the issues relevant to the work of the Council, both broadly and relating to their area of expertise, and the capacity to develop that understanding further quickly and effectively.
• Members with professional skills or experience in governance; analysis and research methodologies; or communications, confidence and media relations may be expected to attend and participate in one or more of the sub-groups of the Council which focus on these issues.

Organisation description

The Sentencing Council (SC) was set up under Section 118(1) of the Coroners and Justice Act 2009 to promote greater transparency and consistency in sentencing, whilst maintaining the independence of the judiciary. The SC’s responsibilities include developing sentencing guidelines and monitoring their use, assessing the impact of guidelines on sentencing practice, and promoting the understanding of and increasing public confidence in sentencing and the criminal justice system.

Board composition

Paragraph 1 of Schedule 15 to the Act provides that the SC consists of eight judicial members, appointed by the Lady Chief Justice with the agreement of the Lord Chancellor, and six non-judicial members appointed by the Lord Chancellor with the agreement of the LadyChief Justice. A person is eligible for appointment as a non-judicial member if the person appears to the Lord Chancellor to have experience in one or more of the following areas; criminal defence, criminal prosecution, policing, sentencing policy, use of statistics, academic study, the promotion of the welfare of victims of crime or the rehabilitation of offenders.

Regulation of appointment

This post is regulated by the Commissioner for Public Appointments. For more information, please refer to the Commissioner’s website 

Person specification

Essential criteria

• One role requires experience or understanding of the academic study or research relating to criminal law or criminology;
• One role requires experience or understanding of the rehabilitation of offenders;
• An understanding of the five core principles of sentencing: punishment, reduction of crime, reparation, rehabilitation and public protection;
• The ability to serve in a personal capacity, drawing on your knowledge and experience, and not as a representative of particular professional associations or viewpoints, to be objective and open-minded, and be able and willing to work as part of a team under the general direction of the Chair, as well as supporting the Chair; and
• The ability to retain the confidence of the Sentencing Council Chair, Ministers, Parliament, the judiciary, other professional bodies in the criminal justice system and the public.

Application and selection process

How to apply

In order to apply you will need to create an account or sign in.

Once you are logged into your account, click on 'apply for this role' and follow the on-screen instructions. To apply, all candidates are required to provide:

• a Curriculum Vitae (CV)
• a supporting statement
• equality information
• information relating to any outside interests or reputational issues

We will ask you to check and confirm your personal details to ensure your application is accurate.

You will also have the opportunity to make a reasonable adjustment request or apply under the disability confident scheme before you submit your application.

If apply online is disabled

In order to apply you will need to provide:

1. A  Curriculum Vitae which provides your contact details, details of your education and qualifications, employment history, directorships, membership of professional bodies and details of any relevant publications or awards;

2. A supporting statement setting out how you meet the criteria for appointment, as set out in the person specification for the role;

3. Information relating to any outside interests or reputational issues;

4. Diversity monitoring information. This allows us to see if there are any unfair barriers to becoming a public appointee and whether there are any changes that we could make to encourage a more diverse field to apply. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be used as part of the selection process and will not be seen by the interview panel;

5. Disability Confident – please state if you want to be considered for the disability confident scheme;

6. Reasonable adjustments - requests for reasonable adjustments that you would like to the application process (if applicable);

Please provide the information at points 3-6 above on the relevant form, or as part of your supporting statement.

Completed applications should be submitted to  [ADD CONTACT DETAILS]

The Advisory Assessment Panel reserves the right to only consider applications that contain all of the elements listed above, and that arrive before the published deadline for applications.

Overview of the application process

Public appointments are made on merit following a fair and open competition process which is conducted in accordance with the Governance Code for Public Appointments. We will deal with your application as quickly as possible and will keep you informed at key stages. We aim to conclude the appointment process within three months of the deadline for applications – this is in accordance with the Governance Code.

The assessment process

1. Ministers are responsible and accountable to Parliament for the public appointments made within their department. As a result, they must be consulted at every stage of the appointments process.

2. An Advisory Assessment Panel (“Panel”) is appointed by Ministers to assist them in their decision making. The role of the Panel is to decide, objectively, which candidates meet the eligibility criteria for the role.

3. At the shortlisting meeting the Panel will assess applications against the eligibility criteria and decide which candidates have best met the criteria, who should be recommended for interview. Ministers will then be consulted on the Panel’s recommended shortlist. If you have applied under the Disability Confident Scheme and you meet all the essential criteria, then you will also be invited for an interview.

4. Once the shortlist has been agreed by Ministers, you will be advised (by e-mail) whether you have been shortlisted. Those shortlisted will be invited to an interview.

5. The Panel will meet again to interview candidates and determine who is appointable to the role. The Panel may invite you to make a brief presentation at the start of the interview and will go on to question you about your skills and experience, including asking specific questions to assess whether you meet the criteria set out for the post. The Panel will also explore with you any potential conflicts of interest or any other issues arising from your personal and professional history which may impact on an appointment decision.

6. Details of the panel’s assessment of interviewed candidates are provided to Ministers, including whether they have judged a candidate to be appointable to the role. It is then for Ministers to determine merit and decide who should be appointed. In some circumstances, Ministers may choose not to appoint any candidates and re-run the competition.

7. Ministers may choose to meet with candidates before deciding the outcome. Candidates should therefore be prepared for a short time gap between interview and a final appointment decision being made. Candidates who have been interviewed will be kept informed of progress.

8. Once the decision on the appointment has been made, interviewed candidates will be advised of the outcome of their application, including whom they may approach for feedback. Successful candidates will be issued with their Terms & Conditions and a letter of appointment should they agree to take up the position.

Further information about appointments, including tips on applying, can be found on our guidance pages on gov.uk.

Advisory Assessment Panel (AAP)

• Adam Bailey, Deputy Director, Head of Sentencing and Parole Policy, MoJ
• The Rt Hon Lord Justice William Davis, Chair of the Sentencing Council
• Dr Caterina Milo, Lecturer in Law, University of Sheffield

Advisory Assessment Panels (AAP) are chosen by ministers to assist them in their decision-making. These include a departmental official and an independent member. For competitions recruiting non-executive members of a board (apart from the Chair), the panel will usually include a representative from the public body concerned.

AAP’s perform a number of functions, including agreeing an assessment strategy with ministers, undertaking sifting, carrying out interviews in line with the advertised criteria and deciding objectively who meets the published selection criteria for the role before recommending to ministers which candidates they find appointable. It is then for the minister to decide who to appoint to the role.

Eligibility criteria

In general, you should have the right to work in the UK to be eligible to apply for a public appointment.

There are a small number of specialist roles that are not open to non-British citizens. Any nationality requirements will be specified in the vacancy details.

The Government expects all holders of public office to work to the highest personal and professional standards. 

You cannot be considered for a public appointment if:

• you are disqualified from acting as a company director  (under the Company Directors Disqualification Act 1986);

• have an unspent conviction on your criminal record;

• your estate has been sequestrated in Scotland or you enter into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or have, under Scots law, granted a trust deed for creditors.

When you apply, you should declare if:

• you are, or have been, bankrupt or you have made an arrangement with a creditor at any point, including the dates of this. 

• you are subject to a current police investigation.

You must inform the sponsor department if, during the application process, your circumstances change in respect of any of the above points. 

When you apply you should also declare any relevant interests, highlighting any that you think may call into question your ability to properly discharge the responsibilities of the role you are applying for. You should also declare any other matters which may mean you may not be able to meet the requirements of the Code of Conduct of Board Members (see Outside interests and reputational issues section below)

If you need further advice, please contact the MoJ Public Appointments Team.

Security clearance

The successful candidate will be required to undertake Baseline Personnel Security Standard checks in line with the Civil Service guidelines. Additional Security Clearance may also be required for certain roles. However, where this applies, candidates will be notified during the appointment process. Further information on National Security Vetting can be found on the Gov.uk website here.

Additional information for candidates

Equality and diversity

We encourage applications from talented individuals from all backgrounds and across the whole of the United Kingdom. Boards of public bodies are most effective when they reflect the diversity of views of the society they serve and this is an important part of the Government’s levelling up agenda.

We collect data about applicants’ characteristics and backgrounds, including information about people’s educational and professional backgrounds, so that we can make sure we are attracting a broad range of people to these roles and that our selection processes are fair for everyone. Without this information, it makes it difficult to see if our outreach is working, if the application process is having an unfair impact on certain groups and whether changes are making a positive difference.

When you submit your application, your responses are collected by the Cabinet Office and the government department(s) managing your application. The data is used to produce management information about the diversity of applicants. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be seen by the Advisory Assessment Panel who review applications against the advertised criteria and conduct interviews.

Disability confident

We are a member of the Government’s Disability Confident scheme. We use the Disability Confident scheme symbol, along with other like-minded employers, to show our commitment to good practice in employing people with a disability. The scheme helps recruit and retain disabled people. As part of implementing the scheme, we guarantee an interview for anyone with a disability whose application meets the essential criteria for the role, set out in the advert, and who has asked that their application is considered under the scheme. Indicating that you wish your application to be considered under the scheme will in no way prejudice your application. By ‘essential criteria', we mean that you must provide evidence which demonstrates that you meet the level of competence required under each of the essential criteria, as set out in the job-advert. When you apply you will have the opportunity to select if you would like your application considered under this scheme.

Reasonable adjustments

We are committed to making reasonable adjustments to make sure applicants with disabilities, physical or mental health conditions, or other needs are not substantially disadvantaged when applying for public appointments. This can include changing the recruitment process to enable people who wish to apply to do so.

Some examples of common changes are:

• ensuring that application forms are available in different or accessible formats;
• making adaptations to interview locations;
• allowing candidates to present their skills and experience in a different way;
• giving additional detailed information on the selection / interview process in advance to allow candidates time to prepare themselves;
• allowing support workers, for example sign language interpreters;
• making provision for support animals to attend.

When you apply you will have the opportunity to request reasonable adjustments to the application process.

Principles of public life

The Seven Principles of Public Life (also known as the Nolan Principles) apply to anyone who works as a public office-holder.

1. Selflessness

Holders of public office should act solely in terms of the public interest.

2. Integrity

Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.

3. Objectivity

Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

4. Accountability

Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

5. Openness

Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

6. Honesty

Holders of public office should be truthful.

7. Leadership

Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.

Code of conduct for board members

The Government expects all holders of public office to work to the highest personal and professional standards. In support of this, all non-executive board members of UK public bodies must abide by the principles set out in the Code of Conduct for Board Members of Public Bodies. The Code sets out the standards expected from those who serve on the boards of UK public bodies and will form part of your terms and conditions of appointment.

Management of outside interests and consideration of reputational issues

Holders of public office are expected to adhere and uphold the Seven Principles of Public Life and the Code of Conduct for Board Members of Public Bodies. Before you apply you should consider carefully: 

• any outside interests that you may have, such as shares you may hold in a company providing services to government; 
• any possible reputational issues arising from your past actions or public statements that you have made; 
• and/or - any political roles you hold or political campaigns you have supported; 

which may call into question your ability to do the role you are applying for.

You will need to answer relevant questions in relation to these points when making an application. Many conflicts of interest can be satisfactorily resolved and declaring a potential conflict does not prevent you from being interviewed. If you are shortlisted for an interview, the panel will discuss any potential conflicts with you during that interview, including any proposals you may have to mitigate them and record that in their advice to ministers. Alongside your own declaration, we will conduct appropriate checks, as part of which we will consider anything in the public domain related to your conduct or professional capacity. This may include searches of previous public statements and social media, blogs or any other publicly available information. The successful candidate(s) may be required to give up any conflicting interests and their other business and financial interests may be published in line with organisational policies. 

Details of declared political activity will be published when the appointment is announced, as required by the Governance Code (political activity is not a bar to appointment, but must be declared).

Status of appointment

As this is an office holder appointment, you will not become a member of the Civil Service. You will not be subject to the provisions of employment law.

Appointment and tenure of office

Appointments are for the term set out in this advert, with the possibility of re-appointment for a further term, at the discretion of Ministers.  Any re-appointment is subject to satisfactory annual appraisals of performance during the first term in the post. There is no automatic presumption of reappointment; each case should be considered on its own merits, taking into account a number of factors including, but not restricted to, the diversity of the current board and its balance of skills and experience. In most cases, the total time served in post will not exceed more than two terms or ten years in any one post. 

Remuneration, allowances and abatement

Remuneration for this role is treated as employment income and will be subject to tax and National Insurance contributions, both of which will be deducted at source under PAYE before you are paid.

You can claim reimbursement for reasonable travel and subsistence costs which are properly and necessarily incurred on official business, in line with the travel and subsistence policy and rates for the organisation to which you are applying. However these payments are taxable as earnings and will be subject to tax and national insurance, both of which will be deducted at source under PAYE before you are paid. 

Pension and redundancy

This is an office holder appointment and does not attract any benefits under any Civil Service Pension Scheme. You will not be eligible for redundancy pay as you are not an employee. No other arrangements have been made for compensation upon the end of your term of appointment because an office holder who is appointed for a limited duration would have no expectation of serving beyond that period.

Application feedback

We will notify you of the status of your application. We regret that we are only able to offer detailed feedback to candidates who have been unsuccessful at the interview stage.

How to complain

We aim to process all applications as quickly as possible and to treat all applicants with courtesy.

Please contact the Ministry of Justice public appointments team in the first instance if you would like to make a complaint regarding your application at PublicAppointmentsTeam@justice.gov.uk. They will acknowledge your complaint upon receipt and respond within 15 working days.

How to complain to Office of the Commissioner for Public Appointments (OCPA)

If you are not content with the appointing department’s response you may wish to further complain to the Commissioner at publicappointments@csc.gov.uk.Further information on how the Commissioner handles complaints can be found on the Commissioner for Public Appointments’ website https://publicappointmentscommissioner.independent.gov.uk/regulating-appointments/investigating-complaints/

Data protection

The Cabinet Office will use your data in line with our privacy policy.

The Ministry of Justice (MoJ) is committed to the protection and security of your personal information.

It is important that you read this notice so that you are aware of how and why we are using such information. This privacy notice describes how we collect and use personal information during and after your relationship with us, in accordance with data protection law.

MoJ is the data controller for the personal data used for the purposes of making public appointments.

The type of personal data we process

We currently collect and use the following information:

• Name;
• Contact details;
• Employment history and qualifications
• Curriculum vitae and other background information relevant to your application, including sift and interview assessments made by the advisory assessment panel;
• Information you provide on interests relevant to the role you are applying for;
• Political activity;

·      Health information as required to facilitate access and participation in events (e.g. venue access and dietary requirements).

·      Due Diligence checks;

• As part of the recruitment process, for those candidates being invited to interview, the Department will undertake due diligence checks to assess their suitability for the role, including (alongside consideration of their own declaration of relevant interests) evidence of their conduct and/or professional capacity as demonstrated by information about them in the public domain.

How we get your personal data and why we have it

We receive most of your personal data through your application and declaration form.

We also gather personal information indirectly, from various sources as part of the due diligence checks. This will include, for examples:

• your public social media activity, including searches on sites such as LinkedIn, X (formerly Twitter), Facebook
• Searches for any relevant news stories
• The Electoral Register (http://search.electoralcommission.org.uk/)  

·      Companies House (https://beta.companieshouse.gov.uk/)

·      The Insolvency Register website (https://www.gov.uk/search-bankruptcy-insolvency-register)   

In submitting your application you acknowledge that such due diligence will be undertaken in respect of you and that copies of search results may be saved, stored securely, and used as part of the recruitment process in line with this privacy notice. Processing of such data is necessary to protect the reputation of the Department. Candidates may be asked about their public profiles/search results, at interview. 

We process your personal data for the purposes of making public appointments in accordance with the Governance Code on Public Appointments.

Where we need to share your personal data with others, we ensure that this data sharing complies with data protection legislation. For the purposes of this work we may need to share your personal information with:

·      The Cabinet Office

·      The Office of the Commissioner for Public Appointments

Under the UK General Data Protection Regulation (UK GDPR), the lawful basis we rely on for processing your personal information is:

·      Performance of a public task.

The legal bases on which the MoJ processes special categories of information you have provided, is on the basis of:

·      The substantial public interest in the Secretary of State appointing suitable candidates to the role. substantial public interest condition.

International Data Transfers

There are no international transfers

How we store your personal data

If you are successful in an application and appointed we will hold your data for a rolling one year period while you are in post and for one year from the date your appointment ends.

If you are unsuccessful in your application your data will be held for one year from the date the successful appointee is announced.

At the end of this period your data is destroyed.

Your Rights

• Your right of access - You have the right to ask us for copies of your personal information.
• Your right to rectification - You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
• Your right to erasure - You have the right to ask us to erase your personal information in certain circumstances.
• Your right to restriction of processing - You have the right to ask us to restrict the processing of your personal information in certain circumstances.
• Your right to object to processing - You have the right to object to the processing of your personal information in certain circumstances.

·      Your right to data portability - You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.

Depending on the lawful basis on which your personal data is being processed, not all rights will apply.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you If you wish to exercise your data protection rights please contact:

Disclosure Team

Post point 10.38

102 Petty France

London

SW1H 9AJ

data.access@justice.gov.uk

How to complain

If you have any concerns about our use of your personal data, you can contact the MoJ data protection officer;

Data Protection Officer

Ministry of Justice

5th Floor, Post Point 5.18

102 Petty France

London

SW1H 9AJ

dpo@justice.gov.uk

You can also complain to the ICO if you are unhappy with how we have used your data.

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Helpline number: 0303 123 1113

ICO website: https://www.ico.org.uk

Contact details

For further details, please contact the MoJ Public Appointments Team at PublicAppointmentsTeam@justice.gov.uk.