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Crown Counsel

Job Summary

Department: Ministry of Health & Social Services

Salary: $190,000 – $190,000

Grade: R0 – R0

Allowances: N/A

Deadline Date: Friday November 27, 2020

Job Description

About The Job

The Government of Montserrat is seeking applications from suitably qualified persons for the post of Crown Counsel, within the Ministry of Health and Social Services.

Duties & Accountabilities

The Crown Counsel will be responsible for:

Primary Duties

  • To work closely with and provide legal support to the MoHSS particularly in the areas of Family Law, Care and Protection of Children and Vulnerable Adults to include the Elderly and persons living with disability, Children in Conflict with the Law, Domestic Violence, all Health related services;
  • Subject to the guidance from and approval of the Attorney General,
  • Provide legal advice to the MoHSS particularly in the areas of Family Law, Care and Protection of Children and the Vulnerable Adults, Children in Conflict with the Law, Domestic Violence, Mental Health and other health services,
  • Appear, in the Magistrate’s and the High Court on behalf of the MOHSS and the Crown, as applicable, in matters relating to Family Law, Child Care and protection, adult safeguarding and other related matters.
  • Prepare contracts or other legal agreements related to the functions and services provided by the MoHSS.
  • Monitor the progress of cases by ensuring all assignments in relation to cases are completed, and reports on the outcome of cases conducted to ensure updated case information is maintained.
  • Ensure all cases for relevant assigned Courts are effectively coordinated to ensure the smooth operations of the Court.
  • Provide guidance and support to the MOHSS in formulation and improvement of its policies;
  • Review, and vet policies and procedures drafted by the MoHSS;
  • Provide guidance and support to the MOHSS in formulating and recommending improvements to the relevant legislative framework, existing statutory and/or regulatory schemes;
  • Participate in case conferences for discussion of issues arising out of cases to ensure readiness for court;
  • Engage in research into cases to be adjudicated in the Magistrate’s Court, High Court and Court of Appeal, to ensure all pertinent information is available for effective disposal of cases;
  • Provide expert legal opinion to the MoHSS on specific matters;
  • Draft Cabinet Memos and related documentation on behalf of the MoHSS;
  • Perform other duties as may be reasonably assigned from the Permanent Secretary.

To view detailed Terms of Reference for the Crown Counsel please click on the following link https://www.gov.ms/wp-content/uploads/2020/10/ToR-for-Crown-Counsel-final-version.pdf or by telephoning (+664)-491- 2365/2444 or by fax at (+664) 491 6234.

Selection Criteria

Qualifications and experience

  • Laws
  • Working knowledge of the Civil Service Rules and Regulations, Standard Operating Procedures, Staff Orders, Collective Agreements and Departmental Guidelines.
  • Working knowledge of computers and computer applications.

Skills

  • Be highly organized, with excellent case management, administrative and time management skills.
  • Have the ability to interpret and apply legislation and precedent.
  • Have excellent analytical, reasoning and decision making skills.
  • Have a high level of oral and written communication skills, in particular the ability to distill and explain complexities in non-legal language when necessary.
  • Very good legal research skills and an ability to self-teach in a new area of law.
  • Advocacy skills, with interest in expanding this skill.

Abilities

  • Ability to meet tight deadlines and cope with heavy workloads, whilst maintaining accuracy.
  • Ability to deal with difficult situations, whilst remaining calm and self-controlled.
  • Decisiveness, soundness of judgment and clarity of presentation.
  • Ability to draft advice, policies and prepare legal submissions.
  • Committed to the need for absolute confidentiality.
  • Ability to establish credibility and earn the respect of others (including other professionals, Members of the Legislative Assembly and the general public) through depth of knowledge.

Qualifications and Experience

  • Bachelor of Law Degree.
  • Certificate in Legal Education or equivalent.
  • Qualified as an Attorney at Law or a Barrister.
  • Admission to the Bar as an Attorney at Law or a Barrister in a Commonwealth Jurisdiction.
  • Master’s Degree in one of the following areas will be an asset: Medical Law, Family Law, Child and Adult Social Care Law, Mental Health
  • Ability to interpret and apply legislation and precedent.
  • Clearly evidenced ability to conduct a broad range of contentious work and to advise on non-contentious matters.
  • A minimum of three (3) years working experience in related environment to the highlighted professional tasks/identified needs.

Knowledge

  • Advanced knowledge of and ability to interpret the Laws
  • Working knowledge of the Civil Service Rules and Regulations, Standard Operating Procedures, Staff Orders, Collective Agreements and Departmental Guidelines.
  • Working knowledge of computers and computer applications.

Skills

  • Be highly organized, with excellent case management, administrative and time management skills.
  • Have the ability to interpret and apply legislation and precedent.
  • Have excellent analytical, reasoning and decision making skills.
  • Have a high level of oral and written communication skills, in particular the ability to distill and explain complexities in non-legal language when necessary.
  • Very good legal research skills and an ability to self-teach in a new area of law.
  • Advocacy skills, with interest in expanding this skill.

Other requirements for the post:

  • The post-holder must have a working knowledge of varied areas of law, to include Family Law, Care and Protection of Children and the Elderly, Domestic Violence and evidence of having done research in the area of Medical Services Law.
  • The post-holder must be prepared to quickly acquire a good working knowledge of the Laws of Montserrat and to familiarize themselves with the functions of the Government of Montserrat. Whilst both the law and court systems are based on English law and the English court system, there are unique elements, which the job holder will be required to grasp at an early stage.
  • The post-holder must be able to work in a small isolated community, with an understanding of the impact current social work practice may have on a different culture.
  • A flexible approach to work, with a willingness to assist with the provision of services when there are staff and technical capacity shortfalls.
  • Exercise good judgement, integrity and discretion when handling confidential information.

Terms of Appointment

  1. Appointment will be made on a contractual basis for a period of two (2) years.  
  2. Undertakes research to determine impact of existing laws on proposed legislation.
  3. Attends sittings of the House of Assembly and advises the Attorney General on matters relating to Bills before the House.
  4. Represents the Legislative Drafting Unit at local, regional and international workshops, conferences, and seminars to participate in discussions relating to proposed legislation.
  5. Prepares regular reports on work in progress.
  6. Performs such other duties as may be assigned from time to time by the Director of Legislative Drafting, Deputy Director of Legislative Drafting, Attorney General or the Permanent Secretary.
Remuneration Package
  • The Remuneration for the post of Crown Counsel is EC$190,000.00 per annum which includes basic salary and allowances 
Application Guidelines

Application forms can be obtained from our website at www.gov.ms or by contacting the Human Resource Management Unit, Office of the Deputy Governor, Brades, Montserrat by e-mail at jobs.hrmu@gov.ms, by telephone at (+664) 491 2365/2444 or by fax at (+664) 491 6234.

To apply send your completed application form or curriculum vitae with a covering letter and the names of at least two referees to the Human Resource Management Unit at jobs.hrmu@gov.ms by Friday November 27, 2020.

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