Legal Traineeships
Legal Traineeships
Trainee Solicitors employed by the Department are employed on a two year fixed term contract. The first year is mainly spent at Crown Office in Edinburgh and the second will be based at a designated Procurator Fiscal's Office (or offices if the need arises).
The First Year
Crown Office is the headquarters of the COPFS. During the first year the trainees are primarily based in Crown Office and will spend a period in some of the main units - High Court Unit, Appeals Unit, Policy Division, International Crime Unit, Civil Recovery Unit and National Casework Division. In addition, some trainees will work in support of Crown Counsel and all trainees will spend a number of weeks in a Procurator Fiscal's Office.
On occasion, t rainees are also assigned to act as minute secretaries for internal Committees within COPFS.
High Court Unit (HCU)
While attached to the High Court Unit trainees have a wide range of duties. These include the preparations of bail appeals, closed circuit television and screen applications, petitions for extension of 110 days and 1 year period, prison transfers, dealing with requests from the Criminal Injuries Compensation Authority, the wider Scottish Government and other outside agencies. Opportunity is also given to study precognitions submitted to Crown Office by Procurators Fiscal.
Crown Counsel
Trainees will have the opportunity to assist and support Crown Counsel, including the Law Officers, in a variety of their functions. This will include conducting legal research, collating legal materials and dealing with applications for Lord Advocate's concurrence for Breach of Interdict. Trainees will also accompany Crown Counsel to the High Court of Justiciary to note the evidence during trials.
Appeals Unit
While attached to the Appeals Unit trainees will assist in preparing sentence appeal cases, both solemn and summary and assisting Crown Counsel with the presentation of such cases in court. At court, trainees will be responsible for taking court minutes, and they will also assist the staff in the Unit in the preparation of legal research for ongoing appeal cases and in the preparation of appeals against conviction.
Civil Recovery Unit (CRU)
The Civil Recovery Unit is a small multi-disciplinary unit which acts on behalf of the Scottish Ministers as the enforcement authority for Scotland under Part 5 of the Proceeds of Crime Act 2002. Trainees will be closely involved in the preparation of applications for the forfeiture of cash in the sheriff court. This will involve liaison with the police and Her Majesty's Revenue and Customs. Trainees will also provide assistance to colleagues within the unit in connection with asset recovery in the Court of Session. This will involve working with other lawyers, seconded police officers, financial investigators and forensic accountants in an interesting and developing area of the law.
International Cooperation Unit (ICU)
Trainees will assist in the preparation and research of cases involving international mutual legal assistance and extradition, and assist in the preparation of cases presented at the Sheriff Court by legal staff in ICU. They will also attend court to assist legal staff and Counsel representing the Lord Advocate in respect of appeals arising from extradition and ancillary hearings. Trainees will be involved in applying the ordinary rules of criminal procedure to international requests for assistance, to instruct that assistance and assist in the execution of such requests, as appropriate. Additionally, they will be involved in drafting requests for assistance for the recovery of evidence for use in proceedings before the Scottish courts from other countries and requests for the surrender of fugitives who are believed to be outwith the United Kingdom.
National Casework Division
Trainees in NCD have the opportunity to work extensively in relation to confiscating proceeds of crime. This includes assisting in applying for restraint orders and intimating and administering the orders, helping to prepare for notional diets and proofs in criminal confiscation cases, attending court for such cases to support Advocates Depute or Procurators Fiscal, and helping in preparation of cases to be referred to the Civil Recovery Unit.
In addition trainees may have the chance to work in the Financial and Organised Crime Units where they assist in preparation of cases for criminal prosecution by helping with preparation of precognitions, assisting with disclosure and attending court to support prosecutors. It is sometimes possible for trainees to note evidence in large prosecutions, which allows them to take an active role in a prosecution at court. Trainees are also asked to carry out research in relation to complex and interesting legal issues.
Policy Division
While attached to Policy Division, trainees will assist in preparation of responses to ministerial correspondence and parliamentary questions. They will carry out legal research on a wide variety of topics covering criminal justice; information sharing; disclosure; diversity; victims; vulnerable witnesses; and deaths. This will often also involve drafting minutes on legal provisions, analysing associated issues and assisting in the drafting of Crown Office Circulars and other internal guidance. The trainees will also be involved in assisting members of the division in project work and taking minutes at policy or implementation meetings of working groups and other committees.
The trainees will also have responsibility for allocating offence classes to new offences and dealing with new charge codes. From time to time, the trainees may also carry out research for and provide assistance to the Strategy and Delivery Division.
Procurator Fiscal's Offices
During the time spent in a Procurator Fiscal's Office, trainees will shadow and assist Procurators Fiscal in preparing and conducting prosecution cases in court, and precognosing cases.
The Second Year
The second year of the Traineeship will be based at a designated Procurator Fiscal's Office (or Offices if the need arises). During the time spent in a Procurator Fiscal's Office, trainees will experience the range of responsibilities of a prosecutor in a Procurator Fiscal's Office, including the preparation and presentation of the prosecution case in court.