Candidate Information Pack FINAL

Independent Assessor of Compensation for
Miscarriages of Justice
CANDIDATE INFORMATION PACK
Reference number: Assesscomp2015
Closing date for these posts is: noon on Thursday 30 April
2015
Applications should be submitted via: PublicAppointmentsTeam@justice.gsi.gov.uk
If you require an alternative formatted version of this application form, please contact:
Stewart Mead on 020 3334 6273 (or at the following e-mail address:
PublicAppointmentsTeam@justice.gsi.gov.uk) to discuss your requirements.
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Contents
Page
Diversity and equality of opportunity .....................................................3
- Flexible working practices
- Arrangement for candidates with a disability
- Equal Opportunities Monitoring Form
Background to the Independent Assessor ............................................4
Role of the independent Assessor .........................................................4
Person specification and eligibility criteria .............................................4
Conditions of appointment .................................................................... 6
Standards in public life, political activity, and conflicts of interests
Indicative timetable and how to apply ...................................................8
How we will handle your application.......................................................8
Complaints Process................................................................................9
Appendix 1
The seven principles of public life ........................................................11
Appendix 2
Schedule 12 to the Criminal Justice Act 1988……………………..19
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Diversity and equality of opportunity
Diversity of opportunity is something the Ministry of Justice cares passionately about.
Applications are encouraged from all candidates regardless of ethnicity, religion or
belief, gender, sexual orientation, age, disability, gender identity. We particularly
welcome applications from women, those with a disability and those from a black or
ethnic minority background.
We would also particularly welcome applications from those currently working in, or
with experience of, the private sector, and those who have not previously held public
appointments. We want to explore the widest possible pool of talent for these
important appointments.
Flexible working practices
The post is ad hoc and flexible.
Arrangements for candidates with a disability
Guaranteed Interview Scheme
The Ministry of Justice operates a Guaranteed Interview Scheme (GIS) for disabled
people. The Equality Act 2010 defines a person as disabled if they have a physical or
mental impairment and the impairment has a substantial and long term adverse
effect on their ability to carry out normal day-to-day activities. Under the GIS a
disabled candidate will be selected for interview if they meet the minimum criteria
for the role decided by the selection panel at sift. To ensure fairness, the panel
will not be informed of who has applied under the GIS until they have set the
minimum criteria at the start of the sift meeting. If you wish to be considered
under the scheme, please complete the Guaranteed Interview Scheme
Declaration on Diversity Monitoring Form in the supporting documents and send it
with your application
Adjustments
If you have a disability and require adjustments to help you attend interview then you
may wish to contact:
 Stewart Mead within the Public Appointments Team (by e-mail
PublicAppointmentsTeam@justice.gsi.gov.uk or on 020 3334 6273) about your
requirements at the interview stage should you proceed in the process;
If you require adjustments to help you in the role of the Independent Assessor then
you may wish to contact:
 Christopher Goulbourn within the Miscarriages of Justice Team (by e-mail:
Christopher.Goulbourn@justice.gsi.gov.uk or on 020 3334 6080) about your
requirements to carry out the functions of the post should you be successfully
appointed.
Equal Opportunities Monitoring Form
The [online] Equal Opportunities Monitoring Form is for monitoring purposes only. By
collecting and analysing the data of those applying and obtaining an appointment, we
can improve our diversity strategy. This form is not part of the selection process and
will be treated in confidence. It will be kept separate from your application and not be
seen by the selection panel.
Background to the Organisation
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The post of Assessor is a statutory appointment under section 133, Schedule 12 to
the Criminal Justice Act 1988 and is a part-time fee paid role. The office holder is
expected to undertake the role at their own home or work location.
The Assessor makes assessments on the basis of written submissions from
applicants and/or their legal representatives. In making assessments the Assessor
applies principles analogous to those governing the assessment of damages for civil
wrongs. The Assessor must, in practice, have significant experience of this area of
the law (although this is not a statutory requirement).
The Assessor is required to consider requests for interim assessments when
applicants make them and to make final assessments when they have received all
the relevant documentation.
The Assessor is occasionally asked to reconsider final assessments, usually in the
light of fresh material and also corresponds with the Miscarriages of Justice Team in
the Ministry of Justice, aside from actual requests for assessments, as required.
The work of the Assessor has reduced in recent years but in view of 2 current
Judicial Review challenges to the statutory test that was introduced in March last
year under Section 175 of the Anti-Social Behaviour, Crime and Policing Act 2014 it
is difficult to estimate how many cases are likely to be granted compensation in the
next few years. However, you may wish to know that in 2011/12 3 cases were
granted compensation under the scheme, 1 in 2012/13 and 7 in 2013/14
Location
The role can be based at your home or work location depending on your preference
but you must ensure the security of the material that may be sent to you.
Role of the Independent Assessor
People whose convictions have been overturned at an out of time appeal in England
and Wales may apply for compensation as a “miscarriage of justice”. If Ministers
decide that an applicant qualifies under the statutory scheme (s.133 of the Criminal
Justice Act 1988) the Assessor is then responsible for deciding what the amount of
compensation should be and what legal or other costs incurred by applicants should
be reimbursed. The Secretary of State for Justice is bound to accept the Assessor’s
recommendations.
Under the present law the Assessor has considerable independence in determining
awards. The work of the Assessor can be complex with their decisions on the level of
compensation open to challenge through judicial review.
The Assessor is required to consider requests for interim assessments when
applicants make them and to make final assessments when they have received all
the relevant documentation. The Assessor is occasionally asked to reconsider final
assessments, usually in the light of fresh material and also corresponds with the
Miscarriages of Justice Team in the Ministry of Justice aside from actual requests for
assessments as required.
Person specification and eligibility criteria
In making assessments the Assessor applies principles analogous to those
governing assessment of damages for civil wrongs; the Assessor must have a
significant experience of this area of law (although this is not a statutory
requirement).
Eligibility criteria
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Anyone in the categories listed below will be considered for appointment as the
Assessor:
a person who has a 7 year general qualification, within the meaning of section
71 of the Courts and Legal Services Act 1990;
an advocate or solicitor in Scotland;
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of
Northern Ireland of at least 7 years’ standing;
a person who holds or has held judicial office in any part of the United
Kingdom; or
a member (whether the chairman or not) of the Criminal Injuries
Compensation Board.
A person shall hold and vacate office as an assessor in accordance with the terms of
his appointment.
A person shall vacate office as an assessor—
if he/she ceases to be qualified for appointment as an assessor; or
on attaining the age of 72;
unless the Secretary of State considers that it is in the interests of the efficient
operation of section 133 above that he should continue to hold office.
However, anyone in the categories listed below will not be considered for
appointment as the Assessor:


Employed in the civil service of the state;
Under employment restrictions, or with a limit on their permitted stay in the
UK.
Please also see the ‘Political Activity’ section below on page 15.
Essential Criteria
 Knowledge of and experience in the assessment of common law damages.
The most important area of expertise is in the field of personal injuries but
some knowledge of the assessment of damages in the fields of false
imprisonment and defamation would be an advantage;

Evidence of a keen sense of impartiality and independent judgement and
strong analytical skills with the ability to differentiate and weigh up competing
arguments to reach firm conclusions and to act only and always in the
interests of justice;

A demonstrable understanding of, and a personal commitment to, equality
and diversity;

Evidence of exceptional written communication skills and the ability to operate
effectively and comfortably when in the media spotlight.
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
Evidence of high levels of probity and that you have shown a commitment
and consistency that has inspired trust and confidence;

Proven sound judgement and the ability to act with the independence,
integrity and authority required to establish credibility with the public,
Ministers, the judiciary and key stakeholders.

Knowledge and experience of the criminal justice system.
Desirable Criteria
 Evidence of the ability to manage and successfully complete intermittent high
volumes of case work at short notice.
Conditions of appointment
Remuneration, allowances and abatement
 The role is fee paid and has three different rates depending on the nature and
complexity of each case. Fees are set at £1000 per day on the most complex
cases, £500 per case for straightforward final assessments and £360 per case
for interim assessments and advice cases. Although the role is fee paid this is
paid within the Ministry of Justice salary payments subject to the receipt of a note
of your fees by the Miscarriages of Justice Team on an ad hoc basis.
 Additional allowances may also be made in addition to the basic fee. These
would cover such matters as any reasonable travelling and subsistence
expenses which you may have to incur in the course of making an assessment;
reimbursement of the cost to you of obtaining papers and documents beyond
those provided to you by ourselves or the claimant; and any other reasonable
expenses incurred by you, e.g. typing expenses, which may arise directly from
preparation of your assessments and written recommendations.
 Remuneration will be subject to National Insurance Contributions. National
Insurance is exempt over the age of 60, however the employer is still liable to
pay 12.8% after the threshold. An Age exemption certificate (CF384) would be
required if applicable.
 Abatement of salary will be taken into consideration if you receive a full salary
from the public purse.
 The post is not pensionable.
 The issue of VAT has previously been a complex one and is matter for you to
consider in liaison with your local VAT Office. If it assists the current Assessor
incurred fees up to approximately £15,000 for 2014/15.
If the appointment has not been confirmed before the Dissolution of
Parliament it may be subject to confirmation by the new Administration.
Appointment and tenure of office
 The Assessor is appointed by the Secretary of State for Justice.
 Appointment is for a fixed period of 5 years, or until the maximum age of 72. The
post holder may be re-appointed at the end of the fixed period as long as they
still meet the eligibility criteria.
 It will be important that the Assessor’s other commitments do not cast any doubt
on their ability to act independently and impartially in discharging the role; any
potential conflict of interest must be declared.
Commitment
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The Assessor will need to be available to respond to cases referred to them on an
ad-hoc basis and to be able to provide assessments in a timely manner.
Standards in public life, political activity, disqualification from appointment
and conflicts of interests
Standards in public life
Candidates must also confirm that they understand the standards of probity required
of public appointees outlined in the “Seven Principles of Public Life” drawn up by the
Committee on Standards in Public Life (see Appendix 1).
Candidates invited to interview will be questioned about any real or perceived
conflicts of interest. These do not constitute an automatic bar to appointment, but
they must be manageable.
Political Activity
The Assessor will need to show political impartiality during their tenure and must
declare any party political activity they undertake in the period of their appointment.
Due to the nature of the Assessor’s role it is not appropriate for the Assessor to
occupy paid party political posts or hold sensitive, senior or prominent positions in
any political organisation. Nomination for election to political office, for example the
House of Commons, the Northern Ireland Assembly, Scottish Parliament, the
European Parliament, is not considered compatible with the role of Assessor.
Subject to the foregoing, the Assessor is free to engage in political activities,
provided that they are conscious of their general responsibilities and standards for
public life and exercise proper discretion.
The Political Activity Declaration will be kept separate from your application and will
only be seen by the selection panel prior to interview. However, it is appreciated that
such activities may have given you relevant skills, including experience gained from
committee work, collective decision making, resolving conflict and public speaking. If,
therefore, you have had such experience and you consider it relevant to your
application for this post, you should include it separately in the main body of your
application.
If you are successfully appointed to the post, details of your response to the Political
Activity Declaration will be included in any announcement of your appointment.
Conflicts of Interest
You will be required to declare any conflict of interest that arises in the course of
Assessor business and must declare any relevant business interests, positions of
authority or other connections with commercial, public or voluntary bodies. Any
actual or perceived conflicts of interest will be fully explored by the panel at short
listing or interview stage.
More generally, there are five issues most frequently encountered that could lead to
real, or apparent, conflicts of interest:
 Financial interests or share ownership –for example, holding shares in a firm that
is considering applying or has licensed body status in relation to Alternative
Business Structures could be a particular area of concern
 Expertise or activity in particular areas, that whilst not precluding appointment
may be perceived by the public as a conflict of interest –for example, it is
especially important that associations with legal firms are explored fully
 Membership of some societies or organisations –for example, dealings with the
legal and financial sectors will need to be explored fully
 Rewards for past or future contributions or favours
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
The activities, associations and employment of relatives or partners.
Further advice about conflicts of interest can be obtained by contacting: Stewart
Mead on 020 3334 6273.
Indicative timetable and how to apply
Timetable
Advert date: Week commencing 23 March 2015
Closing date: noon on Thursday 30 April 2015
Candidates informed if they will be invited to interview: mid May 2015
Provisional appointment: July 2015
Commencement of Appointment tenure: 1 November 2015
How to apply
To apply, please send:
A copy of your CV.
A supporting letter of no more than two sides, that evidences how you meet all the
essential criteria. Please provide examples of where your knowledge and experience
matches the essential criteria required for the role. Your supporting letter should
provide specific and detailed examples to demonstrate how you meet the essential
criteria (including what you did to achieve a specific result).
Please ensure you include preferred daytime, evening and mobile telephone
numbers, as well as a preferred e-mail address, which will be used with discretion.
You should also complete the separate supporting providing any political
activity, conflicts of interest, public appointments currently held and the
names and contact details of two referees. Please note referees will be
contacted if you are shortlisted for interview.
Applications should be sent to: PublicAppointmentsTeam@justice.gsi.gov.uk
Please note that applications may be passed, in confidence, to the Commissioner for
Public Appointments (CPA) and the Commissioner’s auditors for the purposes of
complaints investigation and audit (8.2 of the CPA Code of Practice refers).
The Closing date for applications is: Noon on Thursday 30 April 2015.
Your personal information
We will process your application in accordance with the Data Protection Act 1998
and the Ministry of Justice’s Information Charter, which can be found at
https://www.gov.uk/government/organisations/ministry-of-justice/about/personalinformation-charter
How we will handle your application
The selection panel will include:

Margaret Scott (Public Appointments Assessor, nominated by the Office
of the Commissioner for Public Appointments;
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
Nicola Hewer, Deputy Director Victim, Witness and CJS Delivery, Ministry
of Justice;

An independent panel member (to be confirmed)
We will deal with your application as quickly as possible (timings below are
indicative).

Once you have submitted your application, its receipt will be acknowledged;

Your application will be assessed against the essential criteria and
experience for the post. It is important that you provide as much detail as
possible within the limit constraints of two sides;

By mid May 2015 the panel will aim to have decided the candidates who will
be invited for interview, taking account of the evidence provided on your
application.

Where a candidate is unable to attend an interview on the set date then an
alternative date will only be offered at the discretion of the panel;

Interviews are currently intended to take place at 102 Petty France, London
SW1H 9AJ in early June 2015. Travel expenses will not be payable for
attending interviews

If you accept an invitation to interview we may take two references in
advance of the interview;

If invited to interview, the panel will explore with you your experience and
expertise to find whether you meet the essential criteria. You may be asked
to start the interview with a short presentation;

If, in the view of the panel you have the skills for the post and are
appointable, your name will be amongst those recommended to Ministers
who will decide on the appointment;

If you are successful, you will receive a letter formally appointing you as the
Assessor.

If your application is unsuccessful you will be contacted by e-mail by the
Public Appointments Team.
Security Clearance
For the successful candidate, final confirmation will be subject to basic clearance
checks, covering confirmation of identity and right to work in the UK plus a criminal
record check. This will involve completion of several paper and electronic forms and
can take up to five weeks to process following completion of the forms.
Counter Terrorist Check (CTC clearance) will also be required for this role, and you
will be asked to complete an online vetting form, which can take a further seven
weeks to complete the process.
Complaints Process
If you feel that you have any complaint about any aspect of the way your application
has been handled, we would like to hear from you. In the first instance please write,
or e-mail, the Public Appointments Team at the address or e-mail address given
below quoting the appropriate reference.
Mike Gibbs
Ministry of Justice
Head of the Public Appointments Team
ALB Governance Division
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10th Floor, 10.10
102 Petty France
London, SW1H 9AJ
E-mail address: PublicAppointmentsTeam@justice.gsi.gov.uk
Complaints must be received by the Public Appointments Team within 12
calendar months of the issue or after the recruitment competition has closed,
whichever is the later.
Your complaint will be acknowledged within 2 working days of receipt and answered
as quickly and clearly as possible; at the most within 20 working days of receipt. If
this deadline cannot be met we will inform you why this is the case and when you can
expect a reply.
Taking it further
If, after receiving a comprehensive response, you are still concerned, you can write
to the address below:
Commissioner for Public Appointments
Room G/8, Ground Floor
1 Horse Guards Road
London, SW1A 2HQ
The Commissioner for Public Appointments regulates and monitors appointments to
public bodies to ensure procedures are fair. More information about the role of the
Commissioner
and
his
Code
of
Practice
is
available
from
http://publicappointmentscommissioner.independent.gov.uk/
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Appendix 1
The seven principles of public life
All candidates for public appointments are expected to demonstrate a commitment
to, and an understanding of, the value and importance of the principles of public
service. The seven principles of public life are:
Selflessness
Holders of public office should act solely in terms of the public interest.
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.
Objectivity
Holders of public office must act and take decisions impartially, fairly and on merit,
using the best evidence and without discrimination or bias.
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.
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.
Honesty
Holders of public office should be truthful.
Leadership
Holders of public office should exhibit these principles in their own behaviour. They
should actively promote and robustly support the principles and be willing to
challenge poor behaviour wherever it occurs.
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Conflicts of Interest and previous conduct
Please give details of any business or other interests or any personal
connections which, if you are appointed, could be misconstrued or cause
embarrassment to either the Ministry of Justice or the [Organisation].
Any particular conflicts of interest detailed here will not prevent you going
forward to interview but may, if appropriate, be explored with you during your
interview to establish how you would address the issue(s) should you be
successful in your application.
Please also provide details if you have every been convicted of, or cautioned
for, any criminal offence or have been found guilty of professional misconduct,
or if any such proceedings are pending (Please give details, including dates
and amount of any fine or other penalty imposed) (NB successful candidates’
final confirmation will be subject to basic clearance checks, covering
confirmation of identity and right to work in the UK plus a criminal record
check).
I confirm I have read and understood the sections in the candidate pack
on ‘Standards in public life’ and ‘Political Activity’.
(Please tick the above box)
Is this your first public appointment?
Yes:
No:
Where did you see this appointment advertised? ……………………………
Public Appointments Currently Held
Please say below if you currently hold any other public appointment posts:
Body
Period of Appointment
Government
Department
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Requests for referees
Please provide names and contact details of two people who may be asked to
act as referees for you, at least one of whom must have knowledge of your
work relating to your most recent professional and/ or voluntary activity. They
will be expected to have authoritative and personal knowledge of your
achievements in a professional or public service capacity.
Reference 1:
Name:
Address:
Telephone:
Email:
Reference 2:
Name:
Address:
Telephone:
Email:
Please note that for applicants called to interview, we will approach your
referees prior to interview.
Declaration
I declare that the information supplied in this application, including
that referring to conflicts of interest and previous conduct, is
complete and correct to the best of my knowledge. I have also read
the information pack and can confirm that I am eligible to be
considered for appointment to this body. I also certify that I will
immediately inform the Ministry of Justice of any changes in
circumstances that affect the answers I have given.
(Please tick the above box)
Note: If you are successfully appointed to the post, a brief summary of your
career/experience and details of your response to the Political Activity
Declaration will be included in any announcement of your appointment.
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Political Activity Declaration
All applicants should complete the question below. Please indicate which of
the following activities you have undertaken during the past five years by
ticking the appropriate box and providing details of your involvement. Name
the party or body for which you have been active. If you have been or are an
Independent or have sought or obtained office as a representative of a
particular interest group, you should state this. You should tick all relevant
categories.
Obtained office as a Local Councillor, MP, Devolved offices, MEP etc
Stood as a candidate for one of the above offices
Spoken on behalf of a party or candidate
Acted as a political agent
Held office such as Chair, Treasurer or Secretary of a local branch of a
party
Canvassed on behalf of a party or helped at election
Undertaken any political activity which you consider relevant
Made a recordable donation to a political party 1
None of the above activities apply.
Name of Party for which activity undertaken: ……………………………………
Details of your involvement (please continue on a separate sheet if
necessary):
Note: this form is for monitoring purposes only and therefore will be detached from your
application and will only be seen by the selection panel if selected for interview. However, it is
appreciated that such activities may have given you relevant skills, including experience
gained from committee work, collective decision making, resolving conflict and public
speaking. If, therefore, you have had such experience and you consider it relevant to your
application for this post, you should include it separately in the main body of your application
form.
1
The Political Parties, Elections and Referendums Act 2000 requires the Electoral Commission to
publish a register of recordable donations (donations from an individual totalling more than £5000 in any
calendar year, or more than £1000 if made to a subsidiary accounting unit such as a constituency
association, local branch, women’s or youth organisations). These provisions became effective from 16
February 2001.
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Equal Opportunities Monitoring Form
All Government Departments aim to provide fair and equal access to public
appointments and to ensure that all sectors of society are represented. You
are requested to complete the Equal Opportunities Monitoring Form. The
questions set out in this form help us to monitor the effectiveness of this policy
by gaining a picture of all those applying for and obtaining appointments. They
also help us to monitor how we are complying with equality law.
The Equality Act 2010 protects people from discrimination and promotes
equality on the basis of a number of ‘protected characteristics’. We ask for
information on your ‘protected characteristics’ in order to help us monitor our
performance on equality.
The government’s commitment to widening access to public appointments is
set out in the Diversity Strategy which can be viewed at:
https://www.gov.uk/government/policies/creating-a-fairer-and-more-equalsociety or obtained from the Government Equalities Office.
We may also be asked to provide information – in summary form only that
does not identify individuals in response to Parliamentary Questions and other
public enquiries and reports on our equality performance.
In line with Government policy, and in accordance with the provisions of the
Data Protection Act 1998, the information you provide will be held
confidentially and can only be used if you give us your consent.
The form will be kept separate from your application form and will not be
seen by the sift or interview panel. Assessment of your suitability for the
post is made purely on the information you give on the application form and
your performance at the interview should you be invited. Appointments are
made strictly on merit. We hope that this encourages you to complete the
form.
Guaranteed Interview Scheme Declaration
I consider myself to have a disability as defined under the Equality Act
2010, and I would like to apply under the Guaranteed Interview Scheme.
(please tick if you wish to be considered for the GIS)
I do require special arrangements should I be called to attend an interview.
(Please state any such adjustments below if applicable).
______________________________________________________________
If you do not require special arrangements, please leave blank.
Should you have any questions regarding the process, please contact:
PublicAppointmentsTeam@justice.gsi.gov.uk or alternatively if you would like some
further details of the role itself please contact
Christopher.Goulbourn@justice.gsi.gov.uk (Telephone; 0203 334 6080).
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GENDER:
Male
Female
AGE:
66+
56-65
46-55
36-45
26-35
25 & under
Prefer not to say
Prefer not to say
DISABILITY:
The Disability Discrimination Act as incorporated in Equality Act 2010 defines a
person as disabled if they have a physical or mental impairment which has
substantial and long term (i.e. has lasted or is expected to last at least 12 months)
adverse effect on their ability to carry out normal day-to-day activities. Adverse
effects may arise from external barriers experienced by people with impairments.
When you answer the question, you should not take into account the effect of any
medication or treatments used or adjustments made (for example at work or at
home) which reduce the effects of impairments. Instead, you should think about the
effect the impairment would have if these were not being used or made.
Taking this into account, do you consider yourself to be a disabled person?
Yes:
No:
Prefer not to say
ETHNIC ORIGIN:
Which group do you identify with? Please tick one box. The options are listed
alphabetically.
ASIAN OR ASIAN BRITISH
Bangladeshi
Chinese
Indian
Pakistani
Any Other Asian background (specify if you wish)
BLACK OR BLACK BRITISH
African
Caribbean
Any Other Black background (specify if you wish)
MIXED
Asian and White
Black African and White
Black Caribbean and White
Any other Mixed Ethnic Background (specify if you wish)
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WHITE
White
ANY OTHER BACKGROUND
Any other ethnic background (specify below if you wish)
Prefer not to say
SEXUAL ORIENTATION - Do you consider yourself to be:
Bisexual
Gay man
Gay woman
Heterosexual
Other (Please state below)
Prefer not to say
RELIGION AND BELIEF - What is your religion?:
None
Christian (including Church of England, Catholic, Protestant and all other
Christian denominations)
Buddhist
Hindu
Jewish
Muslim
Sikh
Other (Please state below)
Prefer not to say
SECTORAL BACKGROUND - Is your working background?:
Mixed
Mostly Civil Service
Mostly private
Mostly Third Sector
Mostly wider public sector
Page 18 of 20
Appendix 2
SCHEDULE 12
ASSESSORS OF COMPENSATION FOR MISCARRIAGES OF JUSTICE
1 A person may only be appointed to be an assessor for the purposes of section 133 above if he is—
(a) a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and
Legal Services Act 1990;
(b) an advocate or solicitor in Scotland;
(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at
least 7 years’ standing;
(d) a person who holds or has held judicial office in any part of the United Kingdom; or
(e ) a member (whether the chairman or not) of the Criminal Injuries Compensation Board.
2 A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.
3 A person shall vacate office as an assessor—
(a) if he ceases to be qualified for appointment as an assessor; or
(b) on attaining the age of 72;
unless the Secretary of State considers that it is in the interests of the efficient operation of section 133
above that he should continue to hold office.
4 A person may at any time resign his office as an assessor by giving the Secretary of State notice in
writing to that effect.
5 Subject to paragraph 6 below, the Secretary of State may at any time remove a person from office as
an assessor if satisfied that—
(a) he has been convicted of a criminal offence;
(b) he has become bankrupt or has had his estate sequestrated or has made an arrangement with, or
granted a trust deed for, his creditors;
(c ) he is incapacitated by physical or mental illness; or
(d ) he is otherwise unable or unfit to perform his duties.
6 The power conferred by paragraph 5 above shall only be exercisable—
a) in the case of a person who qualifies for appointment under paragraph 1(a) or (c), or paragraph 1(d)
by virtue of holding or having held judicial office in England and Wales or Northern Ireland, with the
consent of the Lord Chancellor; and
(b) in the case of a person who qualifies for appointment under paragraph 1(b), or paragraph 1(d) by
virtue of holding or having held judicial office in Scotland, with the consent of the Lord President of the
Court of Session.
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