CILEx Level 3 Certificate in Knowledge of Criminal ... Level 3 Certificate in...2.2 The level of the qualification The Certificate in Knowledge of Criminal Prosecution Procedures has

CILEx Level 3 Certificate in Knowledge of Criminal Prosecution

Procedures (QCF)

Qualification Handbook

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Contents page Section 1: Introduction to the Chartered Institute of Legal Executives (CILEx) Section 2: Introduction to Level 3 Certificate in Knowledge of Criminal Prosecution Procedures 2.1 Qualification background 2.2 The level of the qualification 2.3 Entry requirements 2.4 Qualification structure 2.5 Assessment structure 2.6 The Qualifications and Credit Framework (QCF) and the use of Credit 2.7 Understanding the unit specifications 2.8 Exemptions 2.9 Changes in the Law Section 3: Level 3 Qualification Administration 3.1 Candidate entry 3.2 Assessment delivery:

i) Qualification Schedule ii) Re-sit opportunities: online tests iii) Candidates who fail written assignments (before moderation) iv) Candidates who fail to achieve assessments during the period of study v) Qualification regulations

3.3 Qualification results 3.4 Explanation of reasonable adjustments 3.5 How to apply for reasonable adjustments 3.6 The appeals process:

i) Clerical check ii) Quality assurance review

3.7 Independent review 3.8 Certification - credit certificates and qualification certificates 3.9 Retention of materials 3.10 Release of online test responses Section 4: CILEx Contacts Section 5 Awards Customer Service Statement Appendices Appendix A - Fees Appendix B – Unit specifications Appendix C – Qualification Entry Form Appendix D – Qualification Regulations Appendix E – Instructions to Supervisors Appendix F – CILEx Procedures for Dealing with Cases of Suspected Student Malpractice Appendix G- Guidance to Candidates: Reasonable Adjustments and Special Consideration

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Section 1: Introduction to the Chartered Institute of Legal Executives (CILEx)

Background

For almost fifty years, CILEx has been offering unparalleled access to a flexible career in law. We work closely with Government and the Ministry of Justice and are recognised in England and Wales as one of the three core approved regulators of the legal profession alongside barristers and solicitors.

Founded in 1892, the Institute of Legal Executives became a company limited by guarantee in 1963 with the support and co-operation of the Law Society. On 30 January 2012, we became incorporated by Royal Charter and are now known as 'The Chartered Institute of Legal Executives'. Currently we have branches throughout England and Wales and many members overseas.

Our objectives:

To provide an organisation for persons who are registered or studying with the Institute who provide legal services and who are a resident in England and Wales or elsewhere

To provide for the education, training and development of skills for Fellows and persons who wish to become experts in the law or otherwise

To advance and protect the status and interests of Fellows and those persons referred to above

To promote professional unity, co-operation and mutual assistance amongst persons employed in the legal profession or engaged in legal work

To promote and secure professional standards of conduct amongst Fellows and those who are registered with the Institute, by publishing codes of conduct, guides to good practice and the protocol between the Institute and its regulatory body, ILEX Professional Standards, and regulating the membership through that body to ensure compliance with those standards

To give and award diplomas, certificates, prizes, scholarships, bursaries or other awards to those who show proficiency in the law.

http://www.ilex.org.uk/standards/the_ilex_code_of_conduct.aspx

http://www.ilex.org.uk/standards/members_responsibilities/guide_to_good_practice.aspx

http://www.ilex.org.uk/standards/members_responsibilities/guide_to_good_practice.aspx

http://www.ilex.org.uk/standards/ips_protocols.aspx

http://www.ilex.org.uk/standards/about_ips.aspx

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Section 2: Introduction to L3 Certificate in Knowledge of Criminal Prosecution Procedures 2.1 Qualification background The Level 3 Certificate in Knowledge of Criminal Prosecution Procedures has been developed by CILEx for Crown Prosecution Service (CPS) paralegal staff supporting the delivery of the criminal prosecution process. The qualification accredits the underpinning knowledge and understanding required by CPS paralegals in the performance of their roles. The qualification offers progress to further roles within the Crown Prosecution Service as well as progress to related roles within the wider Justice and Legal Services sectors. 2.2 The level of the qualification The Certificate in Knowledge of Criminal Prosecution Procedures has been designed to assess knowledge, understanding and skills at Level 3 of the Qualifications and Credit Framework (QCF). It is intended to be comparable in level of difficulty to GCE A Levels and NVQs at Level 3. 2.3 Entry requirements There are no formal entry requirements for this qualification. However, as the qualification is accredited at Level 3 of the Qualifications and Credit Framework (QCF), CILEx does recommend that students embarking on a programme of study towards this qualification have at least 4 GCSEs at grades C or above (including English Language or Literature) or equivalent qualifications. 2.4 Qualification structure The Certificate in Knowledge of Criminal Prosecution Procedures consists of three mandatory units at Level 3 on the QCF:

Unit title Unit 1: The role of the Crown Prosecution Service within the courts and legal system in England and Wales

Unit Credit Value 10 credits

Guided Learning Hours 35

Unit title Unit 2: Criminal Law and Public Order



Unit title Unit 3: Criminal Investigations and Prosecution Procedures



Candidates must achieve all three units to pass the qualification. Candidates will receive credit certificates for each unit achieved towards the full qualification. Credit certificates are not graded and record the credits for the unit achieved.

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The qualification and its units have the following QCF qualification and unit accreditation numbers:

Qualification or unit Accreditation number

Certificate in Knowledge of Criminal Prosecution Procedures

600/4551/6

Unit 1: The role of the Crown Prosecution Service within the courts and legal system in England and Wales

F/503/7326

Unit 2: Criminal Law and Public Order

J/503/7327

Unit 3: Criminal Investigations and Prosecution Procedures

L/503/7328

2.5 Assessment structure The Level 3 Certificate in Knowledge of Criminal Prosecution Procedures is assessed through a combination of online test and written assignments. Each of the units has the following assessment structure:

Title Assessment


2 online tests (both 1 hour duration)


2 written assignments


1 written assignment and 1 online test (1 hour duration)

Grade boundaries are set as follows for each form of assessment: Online tests: Pass grade – 50% of total available marks Merit grade – 65% of total available marks Distinction grade – 75% of total available marks Written assignments*: Pass grade – 40% of total available marks Merit grade – 55% of total available marks Distinction grade – 70% of total available marks *The above grade boundaries for written assignments are notional. This means that they are subject to possible amendment by CILEx subject to its quality assurance processes. The grade boundaries identified for online tests are fixed meaning that these are not subject to possible amendment by CILEx.

To be eligible for a unit grade, candidates must at least achieve a pass grade for each assessment making up a unit. Overall unit results are then determined on the basis of a candidate’s mean average for both assessments.

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Grade boundaries for each unit are determined by taking a mean average of the grade boundaries of the two assessments making up each unit. This results in the following set of grade boundaries for each unit:

Title Grade boundaries


Pass grade – 50% Merit grade – 65% Distinction grade – 75%


Pass grade – 40%* Merit grade – 55% Distinction grade – 70%


Pass grade – 45%* Merit grade – 60% Distinction grade – 72%

*Note: As units 2 and 3 contain written assignments, the unit grade boundaries are notional. Notional grade boundaries provide an opportunity to understand approximately the level of achievement necessary to pass and achieve certain grades in an assessment. Notional grade boundaries are not fixed boundaries, and, as a part of its ongoing quality assurance of the assessment process, CILEx reserves the right to amend its notional grade boundaries prior to the issuing of final results.

The overall result for the Level 3 Certificate in Knowledge of Criminal Prosecution Procedures is not graded. Candidates, who achieve those units which meet the rules of a qualification, will be issued with a certificate confirming achievement of the qualification.

2.6 The Qualifications and Credit Framework (QCF) and the use of Credit The QCF requires that all accredited qualifications are “credit-based”. Credit is a notional value attached to each qualification unit as an indicator of its size, and is based on the total amount of time that it should take an average learner to complete the learning necessary for the unit. Each of the units in the Level 3 Certificate in Knowledge of Criminal Prosecution Procedures has a credit value (see 2.4 above). Achievement of a unit means that not only has a student achieved a unit towards their overall qualification, but they have also accrued credit which may be used, where appropriate, as an achievement towards another qualification. 2.7 Understanding the unit specifications A unit specification is available for each of the units for Level 3 Certificate in Knowledge of Criminal Prosecution Procedures in Appendix B of this qualifications handbook. Each unit specification is presented in the same way:

Title: each unit has its own title which seeks to convey the legal subject or skill area to be studied and assessed.

Level: each unit has a level which identifies its difficulty. All the units in this qualification are set at Level 3. This means that they are at the level of GCE A Level in terms of difficulty.

Credit Value: each unit has a credit value

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Learning Outcomes: these are expressed in terms of a series of outcomes (i.e. “the learner will”) that the student should know or understand by the end of their learning programme.

Assessment Criteria: these express the ways in which the student should be able to demonstrate their achievement/understanding of the learning outcome (“the learner can”). CILEx will use these assessment criteria to try and determine the extent to which the student has demonstrated achievement/understanding in respect of the learning outcomes.

Knowledge, Understanding and Skills: these describe the knowledge, understanding and skills that are relevant to the application of the assessment criteria. It should be noted that the knowledge, understanding and skills identified are indicative and not intended to be exhaustive. The knowledge, understanding and skills section sometimes ends with the phrase: “Application to a scenario” which indicates that the student has to be able to apply this understanding to a realistic, work-based scenario.

Additional information about the unit: the grid of boxes at the end of each unit summarises key background information about the unit, e.g., who owns the unit, its start date, and the unit’s links to any relevant National Occupational Standards.

2.8 Exemptions CILEx offers exemptions from Level 3 Certificate/Professional Diploma in Law and Practice units for candidates successfully achieving the Level 3 Certificate in Knowledge of Criminal Prosecution Procedures. Upon successful completion of the Level 3 Certificate in Knowledge of Criminal Prosecution Procedures, candidates will be eligible for exemption from Unit 1 Introduction to Law and Practice, Unit 3 Criminal Law and Unit 11 Criminal Litigation. Please see full details of CILEx’s current exemption fees and arrangements by visiting the CILEx website (www.cilex.org.uk). These exemptions assist candidates where they are interested in further study towards the CILEx Level 3 Certificate and Diploma in Law and Practice, and becoming a Legal Executive lawyer. For further information on requirements for both the Level 3 Certificate and Diploma, please visit the CILEx website (www.cilex.org.uk). 2.9 Changes in the Law CILEx will review the units of this qualification annually to identify and advise on any aspects of Law and Practice which are going to be amended or introduced during the course of the upcoming academic year. As a rule, CILEx will not expect Level 3 students to show knowledge in assessment of a change in the Law or Practice of the Law which has been implemented 6 months or less prior to the date of the assessment.

http://www.cilex.org.uk/


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Section 3: Level 3 Qualification Administration 3.1 Candidate entry Candidates must use the joint course and CILEx qualification entry form to make qualification entries (shown at Appendix C). The fees for qualification entry are included at Appendix A. Candidates must pay the fee for qualification entry with their completed joint course and qualification entry form. The joint course and qualification entry form must be completed fully. Where the form has not been signed, the entry will not be accepted and the form returned to the candidate. Candidates must adhere to the entry deadline identified on the front of the joint course and qualification entry form and shown in the relevant Qualification Schedule on the website (CILEx will not accept late qualification entries (i.e. entries received after the closing date for applications). CILEx will confirm qualification entry with each candidate and will forward to each candidate a hardcopy version of the Qualifications Handbook for ongoing reference. This will be 6/8 weeks after the candidate has submitted their joint course and qualification entry form, and after the point at which the candidate has begun their programme of learning. The Level 3 Certificate in Knowledge of Criminal Prosecution Procedures Qualifications Handbook is also available from the Criminal Prosecution area of the CILEx website (www.cilex.org.uk). Candidates must read carefully the Qualifications Handbook as it contains all the key information in relation to the qualification. Qualification entry is valid only for the online tests and written assignments appropriate to the period of the accompanying course and within the re-sit/re-submission terms stated in 3.2 ii), iii) and iv) below. In exceptional circumstances, and entirely at CILEx’s discretion, CILEx will permit candidates who have not undertaken assessments (through no fault of their own) to undertake an assessment after the period of the accompanying course and as a part of another cohort group. This allowance, if permitted, will extend to no more than a year after the conclusion of the original course and associated qualifications for which the candidate entered. 3.2 Assessment delivery i) Qualification Schedule The Qualification Schedule document on the website contains details of the programme of assessment for students. It contains important deadlines in relation to qualification entry, online tests, written assignment moderation, results and certificates dispatch, reasonable adjustments applications, and appeals. Make sure you check the Qualification Schedule that is relevant to your cohort (i.e. the date you enrolled). Candidates must take their online tests during the online test window. CILEx will not allow online tests after the test window has closed. Candidates should take care to ensure that they attempt their online test well in advance of the closure of the test window to ensure that should they fail an online test they have time to re-sit the test before the test window closes. As the accredited centre must submit to CILEx for moderation all assessed candidate work by the deadline identified in the Qualification Schedule document, candidates must


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adhere to the accredited centre’s deadlines in relation to written assignments. Any written assignments not submitted by the accredited centre by the deadline indicated will not be moderated by CILEx. Candidates should take care to ensure they build into their plans the possible need to re-submit work on a written assignment to the accredited centre prior to the CILEx moderation deadline. ii) Re-sit opportunities: online tests Candidates who fail an online test at the first attempt are permitted another (and final) attempt at a different online test. This can only take place within the test window identified within the Qualification Schedule document. A re-sit attempt cannot be undertaken outside of the identified period. In the event of a candidate failing an online test on the first attempt, CILEx will provide limited feedback on the areas affecting performance. The maximum grade attainable upon a re-sit attempt will be a Pass (ie 50%). Only a single re-sit attempt is permitted, and only candidates who fail on their first attempt are permitted a re-sit; re-sits are not permitted to candidates simply wishing to achieve an improved grade. iii) Candidates who fail written assignments (before moderation) Candidates whose written assignment work is failed by the accredited centre at the first submission will have an opportunity to amend and re-submit prior to CILEx moderation. Written assignment work failed upon first submission can only achieve a Pass grade upon re-submission to the accredited centre. Only a single re-submission is permitted and only candidates who fail at their first submission will be permitted to amend and re-submit; re-submissions are not permitted to candidates simply wishing to achieve an improved grade. iv) Candidates who fail to achieve assessments during the period of study Where candidates still fail to achieve an assessment (either online or written assignment) during the period of study and after applying ii) and iii) above, then: a) they may undertake the required unit assessments again at the next available assessment opportunity after payment of an agreed unit assessment fee (£30); b) they may be required by the accredited centre to undertake a further programme of study prior to their taking the required, outstanding assessment. Where candidates failing a written assignment pass a portion of the assignment that is then re-usable in a subsequent assignment, candidates may re-submit that work and do not have to begin afresh tasks for which they have existing pass standard work. v) Qualification Regulations The CILEx Level 3 Certificate in Knowledge of Criminal Prosecution Procedures: Qualification Regulations detail the regulations that must be observed by all candidates taking assessments as part of the Level 3 Certificate in Knowledge of Criminal Prosecution Procedures. This includes specific regulations covering the undertaking of written assignments and online tests and their supervision. These documents can be found at Appendices E and F. Candidates must have read the Regulations prior to sitting a written assignment/online test. Failure to comply with the Regulations will lead to a candidate’s work/assessment being considered invalid and to possible malpractice proceedings (see CILEx Level 3 Certificate in Knowledge of Criminal Prosecution Procedures: CILEx Procedures for Dealing with Cases of Suspected Student Malpractice at Appendix F).

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Candidates sitting online tests in the workplace must be supervised by a workplace online test supervisor. It is imperative that the online test supervisor is either the candidate’s line manager or is at least a grade higher than the candidate within the organisation. The online test supervisor must read the online test regulations and the Instructions to Supervisors before arranging an online test with a candidate. It is the candidate’s responsibility to ensure that before completing the joint course and qualification entry form that they give the online test regulations and Instructions to Supervisors to their supervisor to read. For all online tests, supervisors will be required to confirm test arrangements with the accredited centre prior to the test session, and then complete and return to the accredited centre a CILEx online test Supervisor’s Declaration form to confirm that the online test has been conducted in keeping with the qualification regulations. A supervisor must not conduct online test supervision without first understanding the responsibilities of this role described in the Instructions to Supervisors. 3.3 Qualification results Results for online tests will be automatically issued at the close of each test session. These are final results and not potentially subject to adjustment by CILEx. Final results notification will confirm the results for the online tests and written assignments. Written assignment results, however, issued by the accredited centre, are provisional prior to the CILEx moderation process. The moderation process seeks to confirm these results. Where the CILEx moderator disagrees with the result given by the accredited centre, then the CILEx moderator reserves the right to amend the result and grade of the candidate(s) in question. CILEx also reserves the right to amend notional grade boundaries for written assignments as a part of its quality assurance of the qualification. This may also, on occasions, affect the final candidate result for an assessment and unit. Final results notification and credit and qualification certificates will be issued on the dates indicated in the Qualification Schedule document. Results will be issued to candidates by first class post. Results will not be emailed, faxed or issued over the telephone. For each unit, candidates will receive their marks for each assessment, an average mark for the unit (if they have passed both assessments) and a grade (either: Not achieved, Pass, Merit, Distinction). Where a candidate’s result for a written assignment has been adjusted at moderation or as a result of CILEx quality assurance process, and a candidate has not, therefore, passed a written assignment, the candidate will be sent their marks for each assessment, but will not be given an average mark and will be recorded as ‘Not achieved’. CILEx will publish final, agreed grade boundaries for each unit on the CILEx website. Candidates are reminded that final grade boundaries may vary from the above published notional grade boundaries. Where fluctuations in the level of the assessment are identified during the assessment quality assurance process, CILEx reserves the right to reflect this in the final, agreed grade boundaries. 3.4 Explanation of reasonable adjustments CILEx recognises that there are some students who have coped with the learning demands of a CILEx course, but for whom the standard arrangements for the assessment

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may present an unnecessary barrier. This barrier could be removed without affecting the validity of the assessment. To meet the needs of these students, CILEx has in place a Reasonable Adjustments policy. A reasonable adjustment is any action that helps to reduce the effect of a disability or difficulty that places the candidate at a substantial disadvantage in the assessment situation. Reasonable adjustments must not affect the integrity of what needs to be assessed, but may involve and not be limited to:

changing standard assessment arrangements, for example, allowing students extra time to complete the assessment activity;

adapting assessment materials;

providing access to facilitators during assessment, such as a reader. 3.5 How to apply for reasonable adjustments Students who consider they may require adjustments to the assessment arrangements, because the standard arrangements present an unnecessary barrier, must ensure that they are familiar with the CILEx Level 3 Certificate in Knowledge of Criminal Prosecution Procedures: Guidance to Candidates Reasonable Adjustments and Special Consideration. Students must apply for reasonable adjustments at the start of their programme of study and before commencing assessments. Where possible and appropriate, all reasonable adjustments should be requested at this point and as one request. All requests for reasonable adjustments must be made in writing to the Awards-Operations Department at CILEx, by the deadline set (see the relevant Qualification Schedule on the website) and supported by evidence as set out in the Guidance to Candidates Reasonable Adjustments and Special Consideration at Appendix G. 3.6 The results enquiries and appeals process CILEx has in place a wide range of checks and quality assurance procedures to ensure that every student who takes an assessment receives a result which accurately reflects their performance in the assessment. However, on occasion, a student may consider that their assessment result is not an accurate reflection of their performance. In such cases a student may challenge the mark/grade they have received – this is known as a results enquiry. Students can request a results enquiry of their assessment result irrespective of the grade they have received. In general terms, there are two kinds of enquiries that CILEx can perform in relation an assessment result:

Clerical check

Quality assurance review These can be explained as follows:

i) Clerical Check A clerical check for a written assignment involves a check of all procedures leading to the issue of the result to the student, including checking the student’s work to ensure the result issued to the student is accurate and reflects the marks the assessor awarded on the assignment. Students can only request a clerical check after they have received their CILEx results notification for a written assignment.

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A clerical check for an online test involves a check of the student’s responses to the online test to check that the marks awarded are consistent with the mark scheme and a check of all the procedures leading to the issue of the result to the student. Students receive their result for each online test at the end of the test and, therefore, can request a clerical check immediately after completing the test and receiving their result.

CILEx provides written confirmation of the outcome of a clerical check in the form of a letter confirming the student’s result. A clerical check does not provide additional feedback or commentary on a student’s performance.

An amended results notification is provided if the clerical check outcome leads to a change of assessment result. An amended credit certificate is provided if the clerical check outcome leads to a change of grade. The outcome of the clerical check is sent within 15 working days of receipt of the clerical check request. The outcome of the clerical check, if different from the original mark awarded, overrides the original mark awarded.

To apply for a clerical check, students must write to the Awards-Operations department by the deadlines set out in the relevant Qualification Schedule providing the following information:

candidate name

identification of assessment for which clerical check requested

that a ‘clerical check’ is requested

include the appropriate fee (see Appendix A) A clerical check can be requested for both online tests and written assignments. Students should note that where a clerical check is requested upon either a re-sit online test result or a re-submitted written assignment result, any change of assessment result cannot exceed the Pass grade for the assessment. ii) Quality assurance review Students can only request a quality assurance review after they have received their CILEx results notification for a written assignment. A quality assurance review involves a review of a student’s written assignment in accordance with the approved marking scheme. The exercise is undertaken by a member of CILEx’s qualified assessment personnel who did not carry out the initial quality assurance of the student’s assignment. The result of the review is sent out within 6 weeks of receipt of the quality assurance review request. The outcome of a quality assurance review is the issue of a result to a student; a quality assurance review does not provide additional feedback or commentary on a student’s performance.

The outcome of the review, if different from the original mark (and, if applicable, grade awarded) overrides the original mark/grade awarded (even if it is a lower mark and grade than the original mark or grade). The outcome of a quality assurance review overrides the outcome of a clerical check for a written assignment, in the event that a student has also requested a clerical check.

An amended results notification is provided if the review leads to a change of result. An amended credit certificate is provided if the review leads to a change of grade.

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To request a quality assurance review students must write to the Awards-Operations department by the deadlines set out in the relevant Qualification Schedule providing the following information:

candidate name

identification of written assignment for which quality assurance review requested

that a ‘quality assurance review’ is requested

include the appropriate fee (see Appendix A) A quality assurance review can only be requested in relation to written assignments. Students should note that where a quality assurance review is requested on a re-submitted written assignment result, any change of assessment result cannot exceed the Pass grade for the assessment. 3.7 Independent review Students may appeal the outcome of a clerical check of an online test or a quality assurance review of a written assignment – this process is known as Independent Review. The student’s online test or written assignment is reviewed by the CILEx Independent Review Panel which includes independent members who are not part of CILEx’s team of assessment personnel.

The purpose of the independent review exercise is to determine whether fair and equitable quality assurance practices and appeals procedures have been followed and are transparent. Panel meetings are held a maximum of 40 working days after a request for independent review has been received. Where possible, meeting dates are planned in advance and confirmation of the next meeting of the Independent Review Panel is normally provided when a student’s independent review request is acknowledged. The Panel can reach the following decisions in relation to an independent review request:

Confirm that due process has been followed and the clerical check result of an online test stands.

Confirm that due process has been followed and the quality assurance review result of a written assignment stands.

Order a further clerical check for an online test because marking and clerical check procedures have not followed due process and met CILEx requirements.

Order a further quality assurance review because moderation and quality assurance review procedures have not followed due process and met CILEx requirements.

Change a grade, only where an administrative error is identified.

The decision of the Independent Review Panel is issued within 5 working days of the Panel meeting. In the event that the Panel orders a further clerical check of an online test or quality assurance review of a written assignment, this will be processed as a priority normally within 15 working days from the date of the Panel meeting. The independent review process does not provide additional feedback or commentary on a student’s performance. An amended results notification is provided if an independent review leads to a change of result. An amended credit certificate, and, where appropriate, qualification certificate is provided if the independent review leads to a change of grade being awarded. The result of the independent review is final and overrides all previous grades issued. No further appeal is permitted after the independent review.

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To request an independent review of a clerical check outcome for an online test or a quality assurance review outcome for a written assignment a student must write to the Awards-Operations Department, within 2 weeks of receipt of the clerical check/quality assurance review outcome, providing the following information:

candidate name

title of the online test/written assignment for which independent review requested

that an ‘independent review’ is requested and the reason why

Applications for independent review received more than two weeks after a student has received a clerical check result or quality assurance review result will not be processed. 3.8 Certification - credit certificates and qualification certificates CILEx produces credit certificates for students who have successfully completed units. If a student has successfully completed more than one unit, then all successfully completed units are recorded on the credit certificate. The credits achieved for each unit are recorded on the certificate. Qualification certificates are produced for students who have successfully completed the Level 3 Certificate in Knowledge of Criminal Prosecution Procedures. Certificates are sent out to students within 25 working days of the release of the results notifications. 3.9 Retention of materials CILEx retains students’ assignments for 6 months after the assessment sessions. After 6 months CILEx retains a sample of students’ work and securely destroys all assessments which are no longer required. 3.10 Release of online test responses

Students’ online test responses are the property of CILEx and are not released to students or tutors.

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Section 4: CILEx Contacts CILEx Address: CILEx Kempston Manor Kempston Bedford MK42 7AB CILEX Website: www.CILEx.org.uk Telephone Number: 01234-841000 The following table identifies the key responsibilities of different CILEX departments, to help students and tutors direct their enquiries to the relevant department. Please note that all relevant qualification documentation is posted on the Criminal Prosecution area of the CILEx website (www.cilex.org.uk).

Person/Department

Key Responsibilities

Gail Billingham Development Project Officer Awards-Education [email protected] 01234 – 845725

General qualification queries

Qualification fees

Qualification entries

Qualification results/certificates dispatch

Kathryn Kirby Courses Manager ILEX Tutorial College [email protected] 01234-844368

Unit and assessment queries

ITC course queries

Online test supervision queries

Special consideration requests

Awards-Operations [email protected] 01234-845727

CILEx regulations

Reasonable adjustment requests

Appeals: clerical checks, quality assurance reviews and independent review

http://www.ilex.org.uk/


mailto:[email protected]



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Section 5 Awards Customer Service Statement Delivering Customer Service: CILEx aims to support, educate and represent its members throughout their legal career. CILEx is committed to providing the highest standards of customer service. CILEX Awards Customer Service Statement:

To provide comprehensive legal education

To develop relationships with all members

To communicate with all customers in a clear and effective manner

To ensure that all CILEx services are subject to quality assurance

To aim to deliver the highest level of customer satisfaction and meet customer needs in the most effective way

All stakeholders will be treated with dignity and respect.

CILEx will comply at all times with its Equality and Diversity Policy CILEX Awards will:

Provide clear information to all prospective students about educational opportunities

Acknowledge enquiries within 1 working day

Ensure all customers are aware of the complaints procedure through

regularly updated information on www.CILEx.org.uk Complaints will be acknowledged within 3 working days and answered within 10 working days.

Ensure all students know the results enquiries and appeals

procedure through regularly updated information on www.cilex.org.uk

Appeals will be acknowledged within 5 working days and answered within

8 weeks, where re-marking is required

Make every effort to ensure all documents and guidance given to students, centres and employers is clear and relevant and available on www.CILEx.org.uk

Listen to customers and monitor changing needs

Monitor needs of employers to ensure the CILEx qualification remains relevant

Produce certificates within 25 working days of final unit results notification

Review the unit specifications each year

Deal with your queries promptly and courteously

Provide accurate and timely information to help you make decisions

Respond promptly to any issues that you may raise There are several ways in which you can help us to meet the standards:

Tell us when we are getting it right, so that we can do more of it

Tell us when we are getting it wrong, so that we can resolve the issue, learn from our experience and improve the service for all our members

Talk to us rationally, calmly and respectfully, so that we can work together to resolve your enquiry as soon as possible.

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Conclusion If you wish to register a complaint regarding standards of service for Awards, please contact us via email at [email protected] or write to Awards Customer Service, CILEx, Kempston Manor, Kempston, Bedford, MK42 7AB. If you are not satisfied with how your complaint has been dealt with, please visit the Customer Service Feedback page on www.CILEx.org.uk where the Customer Feedback form, policy and procedure is available. Alternatively, you can email [email protected]



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Appendix A – Fees

Fees for CILEx Level 2 and 3 CPS qualifications

Qualification

Qualification fee

ILEX Level 2 Certificate in Criminal Prosecution Administration (3 unit knowledge component in the L2 Courts and Tribunals Services apprenticeship framework)

£75

ILEX Level 3 Certificate in Criminal Prosecution Case Work (5 unit competence component in the Level 3 Legal Services apprenticeship framework)

£125

ILEX Level 3 Certificate in Knowledge of Criminal Prosecution Procedures (3 unit knowledge component in the Level 3 Legal Services apprenticeship framework)

£75

Additional fees

Clerical check

£15

Quality assurance review

£50

Appendix B – Unit Specifications Unit 1

Title: The role of the Crown Prosecution Service (CPS) within the courts and legal system in England and Wales.

Level: 3

Credit Value: 10

Learning outcomes

The learner will:

Assessment criteria

The learner can: Knowledge, understanding and skills

1 Understand the structure of the law 1.1 Explain what law is 1.1 Set of rules which are legally enforceable.

1.2 Identify the sources of law 1.2 Common law, Equity, Legislation, EU.

1.3 Explain how law can be classified 1.3 Criminal & Civil; Public & Private.

1.4 Distinguish between criminal and civil law

1.4 Definitions of and comparisons between civil and criminal disputes, for example, citations, burden of proof, standard of proof, punishment and/or damages.

1.5 Distinguish between common law and equity

1.5 The meaning of equity, why and how it was created, its relationship to common law, its role in modern times, equitable maxims, equitable remedies.

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Learning outcomes

The learner will:

Assessment criteria


2 Understand what the organs of government are

2.1 Explain the role of:

The Executive

Judiciary

The Legislature

2.1 Understanding the organs of government; the role of the three institutions within the constitution and the separation of powers.

3 Understand how an Act of Parliament is created

3.1 Describe the different types of Bills 3.1 Public Bills (Government Bills and Private Members’ Bills), Private Bills’ Hybrid Bills, examples of bills.

3.2 Describe the stages a Bill must go through in order to become an Act of Parliament

3.2 1st Reading, 2nd Reading, Committee Stage, Report Stage, Third Reading and Royal Assent in the House of Commons and House of Lords. Main controls over the House of Lords under The Parliament Acts 1911 and 1949.

4 Understand the role of delegated legislation

4.1 Explain why there is a need for delegated legislation

4.1 Need due to the volume of legislation now required by society. Speed; technical content; and flexibility are advantages of DL.

4.2 Identify the types of UK secondary legislation

4.2 Outline the different types of secondary legislation, that is, Statutory Instruments, and Bye-Laws and Orders in Council, with examples.

4.3 Explain the controls exercised over delegated legislation

4.3 Court controls, for example, ultra vires; Parliamentary controls, for example, requirement of laying before Parliament.

21

Learning outcomes

The learner will:

Assessment criteria


4.4 Explain the advantages and disadvantages of delegated legislation

4.4 The advantages, for example, fast, flexible, saves Parliamentary time; the disadvantages, for example, usurps power of Parliament and erodes democratic process, volume and complexity leading to obscurity.

4.5 Apply an understanding of delegated legislation to a given situation

4.5 Application to a scenario.

5 Understand how the doctrine of judicial precedent operates

5.1 Explain how case law operates as a source of law

5.1 Defining case law with the use of examples; definition of a judgment including ratio decidendi and obiter dicta.

5.2 Describe how the doctrine of judicial precedent works

5.2 The meaning of binding and persuasive judgments; use the court hierarchy to illustrate the binding nature of the United Kingdom Supreme Court (with reference to the 1966 Practice Direction), and the Court of Appeal (with reference to Young v Bristol Aeroplane Co [1944] and other relevant case law) and the High Court; the impact of other influential courts, that is, the European Court of Justice, The European Court of Human Rights and the Privy Council; the doctrine of stare decisis.

5.3 Explain when the court can avoid the previous decision of a higher court

5.3 An outline of how the courts can overrule, distinguish and override previous judgments using case law examples.

22

Learning outcomes

The learner will:

Assessment criteria


5.4 Apply an understanding of judicial precedent to a given situation


6 Understand the impact of European Union law on the law of England and Wales

6.1 Describe the following forms of EU laws:

Treaties

Regulations

Directives

6.1 Primary and secondary sources of EU law with reference to how the individual member states are subject to it.

6.2 Outline the impact of EU law on National Law

6.2 Direct effect of EU laws in UK, where conflict between EU and national law EU law prevails: Costa v Enel [1964], Secretary of State for Transport, ex parte Factortame [1991].

6.3 Apply an understanding of EU Law and the influence it has had on National laws


7 Understand the court hierarchy 7.1 Describe the main work undertaken by the criminal courts in England and Wales

7.1 The roles of the Magistrates’ Court, the Crown Court, the Court of Appeal and the United Kingdom Supreme Court; explaining, with examples, summary offences, offences triable either way and offences triable only on indictment; the main objectives of Criminal Procedure Rules 2010 including the purpose of the overriding objective.

23

Learning outcomes

The learner will:

Assessment criteria


7.2 Describe the main work undertaken by the civil courts in England and Wales

7.2 The roles of the County Court, the High Court, the Court of Appeal and the United Kingdom Supreme Court; the main objectives of Civil Procedure Rules 1998 including the purpose of the overriding objective; the three track system.

7.3 Describe the system of appeals within the court hierarchy

7.3 An outline of the appeals route including:

Magistrates’ to the Crown Court including appeals against conviction and to the Divisional Court of the High Court by means of case stated on a point of law;

Crown Court appeals against conviction and/or sentence to the Court of Appeal;

Criminal Division of the Court of Appeal;

United Kingdom Supreme Court;

Civil Division of the Court of Appeal;

High Court;

County Court.

7.4 Describe the range of methods of Alternative Dispute Resolution (ADR)

7.4 Negotiation, mediation, conciliation, arbitration.

7.5 Explain the role of the Criminal Review Commission

7.5 An outline of the role of the Criminal Cases Review Commission including examples of recent miscarriages of justice.

24

Learning outcomes

The learner will:

Assessment criteria


7.6 Apply an understanding of the court hierarchy to a given situation


8 Understand the relevance of the European Convention on Human Rights

8.1 Explain the rights and freedoms granted by s1 European Convention of Human Rights (ECHR)

8.1 An outline of the rights and freedoms contained in s1 ECHR; an illustration of their application in case law.

8.2 Describe the application of the Human Rights Act, 1998 (HRA 1998) and the relevance of it within the UK

8.2 The effects of ss2, 3, 4, 6 and 7 HRA 1998.

8.3 Apply an understanding of the European Convention on Human Rights to a given situation


9 Understand the personnel of the English Legal System

9.1 Describe the different types of legal representatives

9.1 Solicitors, Barristers, Chartered Legal Executives,

9.2 Explain the roles of the different types of legal representative

9.2 Legal advice, representation, and advocacy.

9.3 Describe the different levels of judge and their allocation within the court system

9.3 Judicial appointment and qualifications in relation to Justices of the Supreme Court, Lords Justices of Appeal, High Court Judges, Circuit judges, Recorders and District judges.

25

Learning outcomes

The learner will:

Assessment criteria


10 Understand the contribution made by laypersons within the administration of justice of England and Wales

10.1 Describe the role of magistrates

10.2 Describe the role of the jury

10.3 Describe the involvement of other lay persons

10.4 Apply an understanding of the contribution by laymen to the English Legal System to a given situation

10.1 How magistrates are appointed; the role of the Justices’ Clerk and the role magistrates’ play within the criminal legal system; the advantages and disadvantages of magistrates.

10.2. Eligibility for jury service (Juries Act 1974); how juries are selected; the role of juries in a crown court trial;s8 Contempt of Court Act 1981; the advantages and disadvantages of a jury trial.

10.3 Non-lawyers, tribunal members, mediators etc.


11 Understand the role and structure of the Crown Prosecution Service (CPS)

11.1 Explain the origin & development of the CPS

11.1 Created by s1 Prosecution of Offences Act 1985 following Report of the Philips Commission 1981, and subsequent reforms.

11.2 Identify the guiding aims, principles and standards of the CPS

11.2 As outlined in the Code for Crown Prosecutors and the Core Quality Standards

11.3 Describe the organisational structure and management of the CPS

11.3 To include the DPP, Chief Executive, 13 local areas, CPS Direct, Central Fraud Group, Welfare, Rural and Health Prosecutions Division, Serious Crime Group

11.4 Identify the main function and accountability of the Director of Public Prosecution (DPP) and other key personnel in the CPS

11.4 Key personnel to include the DPP, Area Chief Crown Prosecutors, Area Business Managers, Prosecutors, Associate Prosecutors and paralegal staff.

26

Learning outcomes

The learner will:

Assessment criteria


11.5 Explain the role of the CPS with other agencies in the Criminal Justice Sector

11.5 Other agencies in the Criminal Justice Sector to include the police, the National Probation Service and H M Courts Service

11.6 Describe the CPS’ role in making the charging decision

11.6 As outlined in accordance with the Director’s Guidance on Charging (4th edition).

11.7 Explain the role of the Crown Prosecution Service Inspectorate

11.7 Identify the three types of inspections they carry out.

12 Understand the role of paralegals in the CPS

12.1 Describe the role and function of paralegals in the CPS

12.1 From pre-charge to conclusion, in compliance with the Criminal Procedure Rules 2011 (CrPR).

12.2 Explain the role of each of the following rules and guidance:

Criminal Case Management Framework

Manual of Guidance

Criminal Procedure Rules 2010

Consolidated Criminal Practice Direction

12.2 Explanation to include the role of each of the indicated rules and guidance.

12.3 Explain the main responsibilities of paralegals for file tracking and administration

12.3 In the Magistrates’ and Crown Court.

12.4 Identify the key responsibilities of paralegals in relation to Court Lists

12.4 For both the Magistrates’ and Crown Court.

27

Learning outcomes

The learner will:

Assessment criteria


12.5 Identify the Custody Time Limits 12.5 As outlined in the Prosecution of Offences (Custody Time Limits) Regulations 1987 (PO(CTL)R 1987).

12.6 Explain the importance of compliance with the Custody Time Limits

12.6 Explanation to include consequences of non-compliance.

12.7 Apply an understanding of the role of the paralegal in the CPS to a given situation


13 Understand how the CPS works with counsel

13.1 Define the meaning of ‘counsel’ 13.1 To include all those who may be instructed to appear for the CPS in a prosecution in Court.

13.2 Explain the purpose of a conference with counsel

13.2 Including the requirement to be clear as to why a conference is required and the issues to be raised in advance.

13.3 Identify the range of non-trial involvement that counsel may have with the case.

13.3 In both Magistrates’ and Crown Court matters.

For example, consultations; advice; drafting; bail applications and other pre-trial matters.

13.4 Describe the required content of the brief

13.4 Description to include sections of the brief and enclosures.

13.5 Apply an understanding of how the CPS works with counsel to a given situation


28

Learning outcomes

The learner will:

Assessment criteria


14 Understand the role of the CPS paralegal in criminal proceedings

14.1 Describe the tasks a paralegal must complete prior to the trial of a case

14.1 Including the tasks to be completed in both Magistrates’ and Crown Court matters.

14.2 Identify the paralegals’ responsibility at a summary trial in the Magistrate’s Court

14.2 When assisting the Crown Prosecutor or counsel at a summary trial in the Magistrate’s Court

14.3 Identify how a paralegal can support counsel at a Crown Court trial

14.3 The duties and responsibilities of the CPS paralegal when supporting counsel at a Crown court trial, and going before the judge.

14.4 Apply an understanding of the role of the CPS paralegal in criminal proceedings to a given situation


15 Understand the need and responsibility to care for, and communicate with, victims and witnesses

15.1 Identify the potential impact on a victim (or witness) of a crime, and its associated criminal proceedings

15.1 To include consideration of the range of emotions the victim/witnesses may exhibit and the need for sensitivity and support. Potential consequences of failure to respond appropriately.

15.2 Describe the standards of care for victims and witnesses of crimes

15.2 As outlined in the Code of Practice for the Victims of Crime.

15.3 Identify the commitment to victims and their families given in the Prosecutors’ Pledge

15.3 10 pledges which apply to both victims and their families.

15.4 Explain how the “No Witness No Justice” programme works.

15.4 From initial needs assessment, to include the role of the charging prosecutor and the WCU.

29

Learning outcomes

The learner will:

Assessment criteria


15.5 Describe the role of the paralegal in supporting witnesses

15.5 Before the trial and on the trial day.

15.6 Explain the requirements that must be satisfied for a witness anonymity order to be granted

15.6 As indicated in Part 3 Coroners and Justice Act 2009.

15.7 Identify the procedures taken to secure the attendance of witnesses at trial

15.7 Including notifying the witnesses of dates and the range of support available. Procedures for a witness summons.

15.8 Apply an understanding of the need and responsibility to care for, and communicate with, victims and witnesses to a given situation


30

Additional information about the unit

Unit aim(s) The learner will understand key underpinning concepts, terms and processes in Law and the practice of Law

Unit review date 31-Jan-2017

Details of the relationship between the unit and relevant national occupational standards (if appropriate)

This unit provides relevant underpinning knowledge and understanding towards units of the Legal Advice standards and the Courts and Tribunals standards

Details of the relationship between the unit and other standards or curricula (if appropriate)

N/A

Assessment requirements specified by a sector or regulatory body (if appropriate)

N/A

Endorsement of the unit by a sector or other appropriate body (if required)

N/A

Location of the unit within the subject/sector classification

1.4 Public Services

Name of the organisation submitting the unit CILEx (The Chartered Institute of Legal Executives)

Availability for use Available to all Awarding Bodies to award credit (shared)

Availability for delivery 12 January 2012

31

Unit 2

Title: Criminal Law and Public Order

Level: 3

Credit Value: 8

Learning outcomes

The learner will:

Assessment criteria


1 Understand the fundamental principles of criminal liability

1.1 Define actus reus 1.1 Appropriate definition.

1.2 Explain the nature of an actus reus 1.2 Features to include: conduct, consequences, circumstances, status of omissions; for example, Pittwood [1902], Stone and Dobinson [1977], Gibbins and Practor [1918], voluntariness.

1.3 Define mens rea 1.3 Appropriate definition, indirect intention.

1.4 Identify principal types of mens rea 1.4 Examples from substantive offences can include: intention, recklessness, gross negligence, dishonesty.

1.5 Explain the meaning and significance of transferred malice

1.5 Circumstances in which intention can (and cannot) be transferred from the intended target to the actual target; for example, Latimer [1886], Pembliton [1874].

32

Learning outcomes

The learner will:

Assessment criteria


1.6 Explain the requirement for actus reus and mens rea to coincide

1.6 Both elements of the offence to be present at the same time; concept of “continuing” act; for example, Thabo Meli [1954], Fagan v MPC [1969].

1.7 Apply the fundamental features of actus reus and mens rea to a given situation

1.7 Application to take place in the context of substantive offences; for example, the concept of an “omission” or “transferred malice” might be applied in the context of homicide.

2 Understand the requirements for liability for criminal damage

2.1 Define the offence of basic criminal damage

2.1 s1(1) Criminal Damage Act 1971.

2.2 Explain the actus reus and mens rea requirements of the basic criminal damage offence

2.2 Meaning of statutory provisions denoting the actus reus and mens rea elements of the offence, including the meaning of “damage” as developed by case law; for example, Morphitis v Salmon [1990], Hardman v Chief Constable [1986], A (a juvenile) v R [1978].

2.3 Apply the requirements of the basic criminal damage offence to a given situation

2.3 Application of the requirements to a scenario.

2.4 Define the offence of aggravated criminal damage

2.4 s1(2) Criminal Damage Act 1971.

33

Learning outcomes

The learner will:

Assessment criteria


2.5 Explain the actus reus and mens rea requirements of aggravated criminal damage

2.5 Meaning of statutory provisions denoting the actus reus and mens rea, with particular reference to “any property” and the additional element of mens rea; for example, Webster, Warwick [1995].

2.6 Apply the requirements of the offence of aggravated criminal damage to a given situation


2.7 Explain the requirements of the defence of lawful excuse

2.7 s5 Criminal Damage Act 1971: belief in consent; belief in other property in need of protection; for example, Hill, Hall [1989].

2.8 Apply the requirements of the defence of lawful excuse to a given situation


2.9 Explain the meaning of arson 2.9 s1(3) Criminal Damage Act 1971; Hunt [1977].

3 Understand the requirements for liability for homicide

3.1 Explain the actus reus requirements of homicide

3.1 Requirements common to all forms of homicide: unlawful killing of a human being; concept of “killing” (=causing death) to include factual causation (“but for”); for example, White [1910], and legal causation (“operating” and “substantial cause”; “thin skull” rule); for example, Cheshire [1991], Blaue [1975]. There can be a break in the chain of causation caused by an intervening act.

3.2 Apply the actus reus requirements of homicide to a given situation


34

Learning outcomes

The learner will:

Assessment criteria


3.3 Define murder 3.3 Actus reus of homicide accompanied by intention to kill/cause serious injury.

3.4 Explain the mens rea requirement of murder

3.4 Meaning of intention: direct; indirect; Nedrick [1986], Woollin [1997].

3.5 Apply the mens rea requirement of murder to a given situation


3.6 Explain the requirements of the defence of diminished responsibility

3.6 s2 Homicide Act 1957 has been replaced by s52 Coroners and Justice Act 2009 and for there to be diminished responsibility it is necessary to show an abnormality of mental functioning arising from a recognised medical condition: Byrne [1960].

3.7 Apply the requirements of the defence of diminished responsibility to a given situation


3.8 Explain the requirements of the defence of loss of control

3.8 s3 Homicide Act 1957 and the partial defence of provocation has been replaced by s54 Coroners and Justice Act 2009 which introduces the partial defence of “loss of control” caused by fear of serious violence to certain things said or done (or both) or a combination of both of these. Must be “qualifying trigger”. Defendant’s sex and age are relevant; for example, Camplin [1978], Attorney General of Jersey v Holley ([2006].

35

Learning outcomes

The learner will:

Assessment criteria


3.9 Apply the requirements of the defence of loss of control to a given situation


3.10 Explain the effect of the statutory defences on liability

3.10 Conviction for manslaughter; consequences for sentencing.

3.11 Explain the requirements of involuntary manslaughter

3.11 Constructive manslaughter including the meaning of “unlawful act” and “dangerous”; for example, Franklin [1883], Church [1966]; gross negligence manslaughter including the meaning of “gross negligence” and any requirement for mens rea; for example, Bateman [1925], Adomako [1994], R v Kennedy [2008].

3.12 Apply the requirements of involuntary manslaughter to a given situation


3.13 Identify homicide offences created by statute to cover specific situations

3.13 Examples to include: causing death by driving (ss1, 3A Road Traffic Act 1988, as amended; ss20, 21 Road Safety Act 2006); familial homicide (s5 Domestic Violence, Crime and Victims Act 2004).

4 Understand the requirements for liability for theft

4.1 Define the offence of theft 4.1 s1 Theft Act 1968.

36

Learning outcomes

The learner will:

Assessment criteria


4.2 Explain the actus reus requirements of theft

4.2 Meaning of “appropriation” (s3); for example, Gomez [1993], “property” (s4), “belonging to another” (s5) including property to be dealt with in a particular way and property received by mistake; for example, Turner [1971], Wain [1995].

4.3 Explain the mens rea requirements of theft 4.3 Requirement of “dishonestly” including defences contained in s2 and the Ghosh test for determining dishonesty; meaning of “intention of permanently depriving” (s6) including the circumstances where borrowing can amount to theft; for example, Lloyd [1985], Velumyl [1989].

4.4 Apply the actus reus and mens rea requirements of theft to a given situation


5 Understand the requirements for liability for attempting an offence

5.1 Identify the requirements for the charge of attempting an offence

5.1 s1 Criminal Attempts Act 1981.

5.2 Explain the actus reus requirements of attempt

5.2 Meaning of “act more than merely preparatory”; for example, Jones [1990], Campbell [1991].

5.3 Explain the mens rea requirements of attempt

5.3 Meaning of “intent to commit” including the effect on liability of impossibility of the full offence; for example, Whybrow [1951], Shivpuri [1986].

5.4 Apply the actus reus and mens rea requirements of attempt to a given situation


37

Learning outcomes

The learner will:

Assessment criteria


6 Understand the nature and requirements of the general defences

6.1 Define intoxication 6.1 Effect of intoxication on a defendant’s state of mind at the relevant time.

6.2 Explain the circumstances where intoxication will provide a defence

6.2 Distinguish between voluntary and involuntary intoxication; classification of offences according to whether specific intent or basic intent; relevance of classification to voluntary intoxication; effect of involuntary intoxication on liability; for example, Gallagher [1963], Majewski [1976].

6.3 Apply the requirements of a defence based on intoxication to a given situation


6.4 Identify the circumstances giving rise to a defence based on duress

6.4 Duress by threats: threats coming from a third party directed towards a specific offence; for example, Graham [1982]; duress of circumstances (necessity): circumstances for example, Dudley and Stephens [1884], Pommell [1995], R v Willer [1986].

6.5 Explain the requirements of a defence based on duress

6.5 Threat of death or serious injury; standard of fortitude including relevant characteristics; for example, Bowen [1996]; limits on the availability of the defence; for example, Howe [1987].

6.6 Apply the requirements of a defence based on duress to a given situation


38

Learning outcomes

The learner will:

Assessment criteria


6.7 Explain the requirements of a defence based on mistake

6.7 Mistaken view of facts, not mistake of law; honest, not necessarily reasonable; for example, Beckford [1987], Gladstone Williams [1987].

6.8 Apply the requirements of a defence based on mistake to a given situation


6.9 Explain the requirements of the defence of “self-defence”

6.9 Response to actual or perceived threat; meaning of reasonable force with reference to factors such as: nature and circumstances of the threat, proportionality of response; for example, Malnik [1989], Anthony Martin [2001].

6.10 Apply the requirements of a defence based on defence of self, another or property to a given situation

6.10 Application of the requirements to a scenario

7 Understand the nature and features of strict liability offences

7.1 Define strict liability 7.1 Exception to the general rule requiring mens rea in relation to all aspects of the actus reus.

7.2 Identify areas of activity regulated by strict liability

7.2 Examples to include: preparation and sale of alcohol, food and pharmaceutical products, road traffic, pollution, health and safety at work, construction, trade descriptions.

39

Learning outcomes

The learner will:

Assessment criteria


7.3 Explain the factors for determining an offence of strict liability

7.3 Factors: absence of words denoting mens rea in the statute, whether the offence is “truly criminal”, matter of public welfare, provision of a statutory defence, nature of the sanction; for example, Sweet v Parsley [1970], Gammon [1984].

7.4 Evaluate the role of strict liability 7.4 Justifications, criticisms.

7.5 Apply the factors for determining strict liability to a given situation

7.5 Application of the factors to a statute or scenario

8 Understand fundamental principles of public order

8.1 Explain the scope of the law relating to public order

8.1 Criminal offences relating to:

public gatherings, meetings and processions;

trespass;

breaches of public order – generally involving some degree of violence, or threats of it.

ASBOs – the circumstances and consequences of these.

8.2 Explain the relationship between human rights and public order

8.2 Rights under the European Convention on Human Rights (ECHR), now embodied by Arts 5; 9; 10 and 11Human Rights Act 1998, with relevant UK cases.

40

Learning outcomes

The learner will:

Assessment criteria


8.3 Identify the legal controls over:

public gatherings

assemblies

meetings

processions

8.3

Processions controlled by ss11–13 Public Order Act 1986 (POA 1986) covering notice, conditions and prohibition.

Assemblies controlled by s14 POA 1986.

Gatherings – s63 Criminal Justice and Public Order Act 1994 (CJPOA 1994).

Meetings and breaches of the peace: Chief Constable of Gloucester (on the application of Laporte) [2005].

8.4 Explain the criminal liability for trespass 8.4 Definition of this and the offences for example, under ss61 and s68 CJPOA 1994.

8.5 Identify the range of public order offences in current legislation

8.5 The six main offences under POA 1986.

8.6 Explain the legal measures that seek to prevent future occurrences of public disorder

8.6 ASBOs – the types and uses and powers of ASBOs.

8.7 Apply the fundamental principles of public order to a given situation

8.7 Application of the principles to a given situation.

41







N/A


N/A


N/A


1.4 Public Services




42

Unit 3

Title: Criminal Investigations and Prosecution Procedures

Level: 3

Credit Value: 10

Learning outcomes

The learner will:

Assessment criteria


1 Understand the fundamental principles of the criminal justice system

1.1 Identify the objectives of the criminal justice system

1.1 To punish and deter unlawful conduct, to protect against unfair prosecution.

1.2 Explain the safeguards for persons accused of a crime

1.2 Safeguards include:

innocent until proven guilty;

burden of proof rests with the prosecution;

public funding;

the right not to answer questions;

protection in police custody rules;

disclosure rules;

majority verdict;

rights of appeal;

European Convention on Human Rights.

43

Learning outcomes

The learner will:

Assessment criteria


1.3 Identify the consequences of breaches of rules or procedures

1.3 Evidence may be inadmissible in court, conviction may be quashed on appeal

1.4 Identify the legal rights given to citizens under the Human Rights Act 1998

1.4

Absolute rights

Limited rights

Qualified rights

1.5 Explain the purpose of the Criminal Procedure Rules

1.5 Regulates the conduct of all criminal cases

1.6 Explain how criminal proceedings are commenced

1.6 Either arrest and charge, or issue of a summons.

1.7 Explain how criminal offences are classified

1.7

Summary offences

Either way offences

Indictable-only offences

1.8 Outline the criminal litigation procedure

1.8 The seven main steps of the criminal litigation process, from police investigation, arrest and charge (or release), commencement of proceedings, court hearing, conviction or acquittal, sentence, appeal.

1.9 Explain the role of the Youth Court

1.9 Scope of jurisdiction, and limits to it. When a youth is tried as an adult due to charge or sentence powers (s52(3) Children and Young Persons Act 1933). Differences in terminology used and sentences available.

44

Learning outcomes

The learner will:

Assessment criteria


1.10 Apply an understanding of the fundamental principles of the criminal justice system to a given situation


2 Understand the powers of the police to arrest and detain a person for the purpose of investigating a criminal offence

2.1 Explain the requirements of a lawful arrest

2.1 s24, 24A, 28, 30, 117 Police and Criminal Evidence Act (PACE); Code G: power of and grounds for arrest including necessity criteria; record of arrest; reasonable force; procedure on arrest to include: fact of arrest, reason for arrest, caution, suspect taken to police station.

2.2 Identify the circumstances in which a person may be searched at the time of arrest

2.2 s32(1)–(4) PACE.

2.3 Explain the implications of an unlawful arrest 2.3 s78, s82(3) PACE: challenge to admissibility.

2.4 Explain the role of the custody officer 2.4 In relation to: completing the custody record; informing the suspect of rights; seizing and/or retaining personal items; the decision to charge; s34, s37, s39, s54 PACE; Code C para 2, 3, 4.

2.5 Explain the time limits for detaining a suspect without charge

2.5 s40 PACE: periodic reviews; s41, 42, 43 PACE: time limits and criteria for extending.

45

Learning outcomes

The learner will:

Assessment criteria


2.6 Explain the rights of a detained suspect 2.6 s56 PACE; Code C para 5: right to inform someone of arrest; criteria for delaying the right; s58 PACE; Code C para 6: right to legal advice; criteria for delaying the right; Code C paras 8, 9, 12: right to basic comforts including medical attention, rest and breaks; Code C para 11: presence of appropriate adult where suspect “vulnerable”.

2.7 Explain the effect of a failure to comply with any of the requirements relating to:

the custody officer’s role

the time limits for detaining without charge

2.7 s78 PACE: challenge to admissibility.

2.8 Explain the measures for safeguarding the suspect when obtaining identification evidence

2.8 Procedures for conducting identification parades (Code D annex A) and identification by video (Code D annex B); taking fingerprints (s61 PACE) and photographs (s64 PACE); obtaining intimate (s62 PACE) and non-intimate (s63 PACE) samples.

2.9 Explain the effect of a failure to comply with the rules in obtaining identification evidence

2.9 s78 PACE

2.10 Explain the rights of a person attending voluntarily at a police station to assist with an investigation

2.10 s29 PACE; Code C para3: requirements for questioning.

46

Learning outcomes

The learner will:

Assessment criteria


2.11 Explain the requirements for the proper conduct of an interview of a suspect

2.11 Provisions relating to the conduct of interviews to include: location of interview (Code C para 12); cautioning (Code C para 10), limit on the right to silence (e.g. unreasonable failure to mention during questioning a fact which is later relied on at trial) and the meaning of an adverse inference being drawn (s34 CJPOA); “use of oppression” (s76 PACE; Code C para 11); inducements to confess (Code C para 11.5) and safeguards relating to confessions (s76, 78 PACE); fitness to be interviewed (Code C para 12.3); appropriate adult present (Code C para 11.5); physical environment (Code C para 12.4); access to legal advice (Code C para 6); interview recording and transcript (Code E).

2.12 Explain the effect of a failure to comply with any of the requirements for the proper conduct of an interview

2.12 s78 PACE: challenge to admissibility.

2.13 Apply an understanding of the police powers in respect of arrest, detention and questioning to a given situation

2.13 Application to a scenario

3 Understand the requirements of charging and bailing a suspect

3.1 Explain the circumstances in which a suspect may be charged

3.1 s37 PACE; Code C para16.

3.2 Explain the nature of police bail and the circumstances in which it may be refused

3.2 s38(1) PACE.

47

Learning outcomes

The learner will:

Assessment criteria


3.3 Identify the conditions that may be attached to police bail

3.3 s47 PACE.

3.4 Describe the CPS’s role in the charging and prosecution process

3.4 Under the Statutory Charging Scheme and the Director’s Guidance on Charging (4th edition)

3.5 Explain the scope, provisions and principles of the Director of Public Prosecution’s (DPP) guidance on charging

3.5 Sets out the arrangements for joint working of the police and CPS in the investigation and prosecution of offences. Including their responsibilities and charging powers.

3.6 Identify the key features, and tests, of the Code for Crown Prosecutors

3.6 The basic principles to be followed by prosecutors in charging including the Full Code Test and Threshold Tests. Out of court disposals. Consequences on non-compliance with the Code. Core Quality Standards.

3.7 Explain the methods by which prosecutions may be discontinued

3.7 In both Magistrate and Crown Court matters per s23 Prosecution of Offences Act 1985 and s51 Crime and Disorder Act 1998

3.8 Apply an understanding of the requirements of charging and bailing a suspect to a given situation


4 Understand the principal functions and features of the Magistrates’ Court and the

4.1 Explain how offences are classified and how this determines mode of trial

4.1 Summary; indictable; either way; examples of commonly encountered offences belonging to each category.

48

Learning outcomes

The learner will:

Assessment criteria


Crown Court in relation to criminal proceedings

4.2 Identify the principal functions of the Magistrates’ Court

4.2 Functions to include: bail hearings; summary proceedings; mode of trial proceedings; committal proceedings; sending indictable offences for trial (s51 CDA 98).

4.3 Identify the principal features of trial in the Magistrates’ Court

4.3 Nature and role of magistrates; role of the Clerk; limits on sentencing; rights of audience.

4.4 Identify the principal functions of the Crown Court

4.4 Bail appeals; plea and case management hearings; trial on indictment.

4.5 Identify the principal features of trial in the Crown Court

4.5 Role of judge; nature and role of jury; rights of audience.

4.6 Describe the sequence of events where a defendant pleads either guilty or not guilty

4.6 Trial procedure (in outline) following a not guilty plea; procedure (in outline) following a guilty plea (where trial is not needed).

4.7 Describe the grounds and routes of appeal from the Magistrates' Court and Crown Court

4.7 Magistrates court: prosecution and defence grounds for appealing to the Crown Court and the High Court; Crown Court: prosecution and defence grounds for appealing to the Court of Appeal.

4.8 Apply an understanding of court type and function to a given situation


49

Learning outcomes

The learner will:

Assessment criteria


5 Understand the provisions for publicly funded advice, assistance and representation in the criminal justice process

5.1 Explain the provisions for publicly funded advice and assistance:

at the police station

at the solicitor’s office

at first appearance in court

5.1 Duty solicitor schemes at the police station and at court; requirement of LSC contract for solicitors undertaking criminal defence work; relevance of means testing (in outline only) where required; range of tasks included within advice and assistance; role of Public Defender Service (in outline); CDS Direct telephone advice (in outline).

5.2 Explain the requirements for publicly funded representation

5.2 Relevance of Art 6(3)(c) ECHR; merits test: “interests of justice”, Access to Justice Act 1999 criteria; means test (in outline only): based on income only (Criminal Defence Service Act 2006).

5.3 Apply an understanding of publicly funded advice, assistance and representation to a given situation

5.3 Application to a scenario; this could include completing an application form for legal aid where the “interests of justice” criteria are explicitly addressed.

6 Understand the rules and procedures relating to bail

6.1 Explain the nature of bail

6.1 Definition; prima facie right (s4 Bail Act 1976); conditional; unconditional; consequence of failure to surrender (s6 Bail Act 1976).

6.2 Describe the procedure at a bail hearing 6.2 Prosecution outlines objections; defence makes submissions; magistrates decide stating reason(s); possibility of appeal.

6.3 Identify the grounds on which the prosecution may object to bail being granted

6.3 Bail Act 1976 Sch 1 para 2: grounds for denying bail; s14 and s15 The Coroners and Justice Act 2009.

50

Learning outcomes

The learner will:

Assessment criteria


6.4 Explain the factors to be taken into account by the court in deciding whether to refuse bail

6.4 Bail Act 1976 Sch 1 para 9: factors for the court to take into account in deciding whether the grounds for refusing bail have been established.

6.5 Identify the conditions that may be attached to bail

6.5 s3 Bail Act 1976: examples to include reporting to a police station and/or other obligations/restrictions; nature of a surety; consequences of breach.

6.6 Describe the procedure for appealing against a bail decision

6.6 s81 SCA 1981: application to Crown Court.

6.7 Apply an understanding of the rules and procedures relating to bail to a given situation


7 Understand the function of mode of trial proceedings

7.1 Explain the purpose of mode of trial proceedings

7.1 Determining trial venue for either way offences; examples of either way offences to demonstrate capacity for varying degrees of seriousness.

7.2 Describe the procedure at “plea before venue” and the consequences of the defendant indicating a:

guilty plea

not guilty plea

7.2 Significance of advance information; procedure following the indication of a guilty plea.

7.3 Describe the mode of trial procedure

7.3 ss17–21 MCA 1980: prosecution representations; defence representations; consequences of the magistrates’ decision depending on whether trial by magistrates or trial by jury is decided upon.

51

Learning outcomes

The learner will:

Assessment criteria


7.4 Identify the factors magistrates will take into account when deciding mode of trial

7.4 s19 MCA 1980: statutory factors; National Mode of Trial Guidelines.

7.5 Explain the factors to be taken into account by the defendant in deciding on trial by magistrates or trial by jury where the circumstances provide a choice

7.5 Factors favouring trial by magistrates, for example, less publicity; factors favouring trial by jury, for example, perceived higher acquittal rate.

7.6 Apply an understanding of the factors to be taken into account when making a mode of trial decision to a given situation


8 Understand the rules relating to disclosure of evidence

8.1 Explain the nature of advance disclosure in relation to either way offences

8.1 Advance Information Rules/Criminal Procedure Rules 2005 Part 21.

8.2 Explain the requirement on the prosecution to disclose material which might undermine the prosecution’s case

8.2 s3 Criminal Procedure and Investigations Act 1996: objective test; meaning of “undermine”; methods of disclosure: provide copy; allow to inspect.

8.3 Explain the requirement for providing a defence statement

8.3 s5, 6 CPIA 1996: relevance of type of trial; time limit for complying.

8.4 Identify the type of information the defence statement must contain

8.4 s6A CPIA 1996: form and content of defence statement.

8.5 Identify the circumstances in which adverse inferences may be drawn from the defence statement

8.5 s11 CPIA 1996: examples of circumstances relating to the defence statement from which adverse inferences may be drawn.

8.6 Explain the duty of the prosecutor in relation to the defence statement

8.6 s7A CPIA 1996: further review.

52

Learning outcomes

The learner will:

Assessment criteria


8.7 Apply an understanding of the rules relating to disclosure of evidence to a given situation


9 Understand the procedures relating to sentencing

9.1 Describe the sequence of events between conviction and sentencing

9.1 Depending on whether the defendant is found guilty or pleads guilty, the sequence (in outline) to include: prosecution outline of offence including defendants’ criminal record; offences to be taken into consideration; pre-sentence or other report; plea in mitigation.

9.2 Explain the purpose of the plea in mitigation 9.2 Reduction in length or severity of sentence.

9.3 Explain the content of a plea in mitigation

9.3 Content to include information relating to, for example: the nature and circumstances of the offence, the circumstances of the defendant including history and present situation, attitude to the offence and capacity for reform.

9.4 Identify the range of sanctions and other orders available to a sentencing court

9.4 Custodial sentences (in outline); non-custodial sentences (in outline); other orders (in outline): compensation; prosecution costs; confiscation of proceeds; ASBOs.

9.5 Identify the factors to be taken into account by the court when sentencing

9.5 Factors (in outline) to include: statutory maximum for the offence; aggravating factors; mitigating factors; sentencing aims (s142 CJA 2003); any sentencing guidelines relevant to the offence.

53

Learning outcomes

The learner will:

Assessment criteria


9.6 Apply an understanding of procedure relating to sentencing to a given situation

9.6 Application to a scenario, including collating and structuring information to form the basis of a plea in mitigation.







N/A


N/A


N/A


1.4 Public Services




54

Applications

accepted until

12 June 2012

Appendix C – Joint Course and Qualification Entry Form

Certificate in Criminal Prosecution (CiCP)

Application form for course enrolment

and qualification entry Summer 2012

ILEX Tutorial College, College House, Manor Drive, Kempston, Bedford, MK42

7AB. Tel. 01234 844300 Fax. 01234 841373 Email. [email protected] DX No. 124782 Kempston 2 www.ilex-tutorial.ac.uk The information you provide on this form will be used to facilitate the processing of your order, the

administration of your course and CILEx qualification entry. By submitting this application you also agree

that ITC will share your personal information within the CILEx Group (the Chartered Institute of Legal

Executives, ILEX Professional Standards and ITC) and that ITC may provide information to the Learner

Registration Service for the purpose of issuing or verifying your Unique Learner Number. You agree that

ITC and CILEx will share information relating to your progress and performance on both the course and the

qualification with each other and with the CPS. This will include reporting on final results, course

performance and other relevant information. If you do not wish to receive information about other ITC

products and services please write to Ruby Denton at the address above.

STEP 1 Complete your personal details

FOR OFFICE USE ONLY ITCPDF

Surname

Month/year

Date received

Special needs

Payment received

Invoice ID

VAT NO. GB 904 4448 34

Title Forenames Grade (eg Level B1)

Surname Date of birth

Home address

Postcode

Home tel number Home email address*

CPS region CPS office CPS DX number

CPS address

Postcode

Work tel number Work email address*

*It is essential that you provide an email address if you would like to take advantage of the many facilities on our on-line Student Area, so that we can send you a username and password. As someone must be available to accept delivery, we strongly recommend that your course is sent to your employer’s address. Would you like us to deliver to you at your employer’s address? YES NO Please tick this box if you have a disability covered by the Equality Act 2010 and would like to discuss your needs with us Please allow up to 10 days for delivery from the closing date for enrolments.

STEP 2 Ethnic origin This section helps us to

monitor our performance in

providing equal opportunities. The information you supply will

NOT affect your student or

qualification entry in any way.

Please select your ethnic origin

from the following list.

A. White C. Asian or Asian British E. Black or Black British

British Indian Caribbean

Irish Pakistani African

Other White background Bangladeshi Other Black background

B. Mixed Other Asian background

White and Black Caribbean D. Chinese or other ethnic group F. Prefer not to say

White and Black African Chinese

Other Mixed background Other background

STEP 3 Select your induction day date

The course fee includes a compulsory induction day, to introduce you to distance learning with ITC and to assist you with study

skills and give you a step-by-step guide to preparing and writing your assignments. The induction days are run by ITC and will

take place at the Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR, United House, Piccadilly, York YO1

9PQ and the Ibis Hotel, Ladywell Walk, Birmingham B5 4ST. Please select your preferred date and location: 20 June, London 26 June, York 28 June, Birmingham. ITC cannot guarantee a place on your selected date but will offer an alternative.

STEP 4 Obtain internal approval

Please obtain approval for your application from your Line Manager and Area Business Manager, before submitting to ILEX Tutorial

College.

I approve this application. I agree that study time will be allowed during working hours at the rate of two hours per week (or pro rata for part-time staff). I understand that three of the assignments will be assessed on-line in the workplace and will require appropriate supervision.

Name of Line Manager Signature of Line Manager

Work email address Work tel number

If you are applying for this course and qualification as part of the Advanced Apprenticeship for Criminal Prosecution Paralegals, please tick here and confirm your age: 19 – 24 25+ Your course must be authorised by Patricia Hignett, Head of Skills,

Qualifications and Accreditation (SQA). If you are applying for this course as a standalone qualification please ask your Area Business Manager to complete the following

section before you submit the form to ILEX Tutorial College, College House, Manor Drive, Kempston, Bedford, MK42 7AB.

Please complete details of the budget holder to whom the invoice should be sent. The total amount payable is £845 being a course fee of £641.67 plus VAT (£770) and the CILEx qualification entry fee of £75.

CPS Purchase Order Number (essential): Name of Area Business Manager / Patricia Hignett for Apprenticeships Signature of Area Business Manager /other budget holder

Work email address Work tel number

STEP 5 Read the terms and conditions

I would like to enrol on the Certificate in Criminal Prosecution

(CiCP) course with ITC and enter for the CILEx Level 3

Certificate in Knowledge of Criminal Prosecution Procedures

qualification. I have read and accept the terms and conditions

below. Course Enrolment: You can only enrol on this course if you are employed by the

Crown Prosecution Service in England and Wales. Refund: A full refund of the course and qualification entry fee will be given if the course

materials are returned to ILEX Tutorial College (ITC), in good condition and with postage

having been pre-paid in full by you, within seven working days following the date you receive

them. Thereafter, provided all materials are returned to ITC, in good condition and with postage

having been pre-paid in full by you, before the expiry of a period of four weeks from the date of

your course enrolment with ITC, your course fees will be refunded less a charge of £128.00

(inc VAT) to cover the administration and induction day expenses. Refunds for the course and

qualification entry will not be given after this four week period has expired. Qualification Entry: £75 of the total fee pays for the qualification entry to the CILEx

Level 3 Certificate in Knowledge of Criminal Prosecution Procedures. By making this

application you confirm that you will comply with the requirements of the qualification,

identified in the relevant Qualification Handbook available on the CILEx website

(www.cilex.org.uk). Contract: The laws of England and Wales shall apply in all respects and the courts of

England shall have exclusive jurisdiction. Copyright: Copyright in all course materials remains that of ITC. Any unauthorised

reproduction or transmission of any part of the course materials, whether electronically

or otherwise, will constitute an infringement of copyright. No part of the materials may

be lent, resold or hired out for any purpose without the prior written permission of ITC. Induction day: Attendance at the induction day is compulsory, and you should obtain

your employer’s approval for your chosen date before completing your application. No

refund of any part of the course fees will be given if you fail to attend the induction day

for any reason whatsoever.

Signature

Date

Duration of tuition: Your course fee will entitle you to receive one year’s tuition from the last

day of the month in which your enrolment takes place. Any extension beyond that period will be

at the sole discretion of ITC and will be dependent, for example, upon your ability to

demonstrate an extenuating circumstance having interrupted your course of study. Reinstatement: Reinstatement on a course at a reduced fee is available if your ITC

course has expired and if you wish to purchase the same course again. A

reinstatement fee of 50% of the then course fee will be payable. Non-completion of course: Should you fail to complete this course the CPS may ask

you to repay the course fees. Non-transferability of course: The course is not transferable to any other person. Qualification Entry Acknowledgment: ITC will enter you for this qualification with

CILEx who will, in turn, acknowledge your qualification entry. Please allow 6-8 weeks

for this registration to be processed and your acknowledgment received. Sharing of data: The information you provide on this form will be used to facilitate the

processing of your order, the administration of your course and CILEx qualification

entry. By submitting this application you also agree that ITC will share your personal

information within the CILEx Group (the Chartered Institute of Legal Executives, ILEX

Professional Standards and ITC) and that ITC may provide information to the Learner

Registration Service for the purpose of issuing or verifying your Unique Learner

Number. You agree that ITC and CILEx will share information relating to your progress

and performance on both the course and the qualification with each other and with the

CPS. This will include reporting on final results, course performance and other relevant

information.

56

Appendix D – Qualification Regulations Online Test Regulations 2012/13 Online tests All CILEx online tests are taken in the workplace under appropriate supervision. The test supervisor will be either the candidate’s Line Manager or someone at least a grade higher in the organisation. The accredited centre must be satisfied with the arrangements for the supervision of the online test. The candidate must alert their Line Manager to the requirements of test supervision prior to course and qualification entry. The candidate and their Line Manager must liaise with the accredited centre in advance of the online test to identify a test date and supervision arrangements. The accredited centre will provide the supervisor with full details of the requirements for online test supervision. Regulations: 1. Candidates must comply with the supervisor’s instructions before, during and after a

test. 2. Bags and any other materials brought by the candidate into the test area (including

personal stereos, MP3 players or similar communication/listening devices, books, revision notes or similar materials or dictionaries) must be left at the side of the test area, well away from the candidate.

3. Candidates must not use or attempt to use personal stereos, MP3 players or similar communication/listening devices, books, revision notes or similar materials or dictionaries whilst taking the online test.

4. Candidates must ensure that all mobile phones are switched off before entering the test area and that these are left with bags and any other materials well away from the candidate.

5. Candidates must not use or attempt to use mobile phones whilst taking the online test. 6. Candidates must not communicate with or attempt to communicate with other

candidates during the online test. 7. Candidates must not copy, or attempt to copy, the answers of any other candidates

taking the online test at the same time. 8. Candidates must act professionally during the online test and must not disrupt or

disturb other candidates. 9. Candidates must not leave their desks without the permission of the supervisor. If a

candidate requires the supervisor’s assistance, for example if they feel unwell, they should raise their hand and wait for the supervisor.

10. Candidates wishing to leave the test area either briefly (for example, for a toilet break) or permanently must raise their hand and await direction from the supervisor. Candidates must leave quietly and show consideration for their fellow candidates. Candidates wishing to leave the test area (eg for a toilet break) during the course of the test must be supervised.

11. Candidates wishing to terminate their test before the end of the allotted time for the test are not permitted to return to the test area thereafter.

12. Candidates must not seek any help or assistance in completing the online test from any other person. In the event of an IT problem with the test (for example, the system crashes), the candidate must raise their hand and await direction from their supervisor.

57

13. Candidates are permitted plain paper and pens or pencils whilst taking the test for the purpose of taking notes. These must be surrendered to the supervisor at the end of the test who will be required to shred these immediately.

14. Candidates are not permitted to print out their online test questions or responses. 15. Candidates must not disclose or discuss the content of the online test with any other

persons other than the Test Supervisor, CILEx staff or the accredited centre staff.

Penalties for malpractice All candidates for the Level 3 Certificate in Knowledge of Criminal Prosecution Procedures are expected to act professionally during the online tests and must comply with the CILEx Online Test Regulations. Any suspected breaches of these regulations will be reported to CILEx and may result in a malpractice investigation. CILEx may impose penalties on a candidate in the event that malpractice is proven. The Awards Malpractice Committee determines the penalties to be imposed. The following criteria inform the level of penalty imposed on a candidate who has been found to have breached either the Online Test Regulations or the Written Assignment Regulations. The criteria are not exhaustive but provide a benchmark against which individual cases are considered.

Penalty Criteria Written warning Minor breach of the online test/written assignment

regulations which does not affect the integrity of the online test /written assignment, for example: Mobile phone makes noise for a short period during an

online test but is not in candidate’s possession. Minor refusal to adhere to the Online Test Supervisor’s

instructions which does not disrupt other candidates Unauthorised materials in possession during the online test

which did not give candidate an advantage over other candidates.

Plagiarism – a limited amount of material from a published source not referenced in a written assignment but which does not call into question the candidate’s achievement of the assessment requirements.

Returning to the test area after terminating an online test, during the allotted time for an online test

Written assignment declared void

Significant breach of the written assignment regulations, for example: Drafts or final versions for a written assignment shared with

another candidate Copying another candidate’s work for a written assignment Working together with another candidate (or other

candidates) to produce a written assignment Candidate work for a written assignment is not original or

authentic. Plagiarism – a substantial amount of material from a

published work not referenced for a written assignment. Online test declared void

Significant breach of the online test regulations, for example: Refusal to comply with Test Supervisor’s instructions which

compromises the integrity of the online test.

58

Severely disruptive behaviour during an online test. Unauthorised materials found on the candidate during an

online test which would have given candidate an advantage over other candidates.

Unauthorised device (for example a listening or recording device) found on the candidate during an online test.

Security breach of an online test with evidence that candidate has accessed secure test materials.

Evidence of use of a mobile phone during online test. Refusal to handover suspected unauthorised materials or

device when asked or refusal to demonstrate that any suspected materials or device were not in candidate’s possession.

Arranging to be impersonated by another individual in an online test.

Attempting to communicate or communicating with other candidates during an online test.

Attempting to copy of copying the work of another candidate during an online test.

Printing out the questions and answers for an online test Disclosing or discussing the contents of the candidate’s

online test with another person other than the Test Supervisor, CILEx staff or the accredited centre staff.

Results Enquiries and Appeals Information about the results enquires and appeals process is available in the Level 3 Certificate in Knowledge of Criminal Prosecution Procedures Qualifications Handbook.

59

Qualification Regulations Written Assignment Regulations 2012/13 Where an assessment takes the form of a CILEx written assignment, the accredited centre delivering the course will be responsible for determining the time and the way in which the assignment is delivered to the candidates, and any deadlines for submission of these. The written assignments are then assessed by the accredited centre in accordance with a prescribed CILEx marking scheme. The accredited centre is required to have rigorous standardisation mechanisms in place to ensure that all assessors are marking to the same standards. All marked assessments may be subject to quality assurance checks by a CILEx-appointed moderator. Protecting the integrity of the written assessments CILEx has a responsibility to protect the integrity of the qualification and to take appropriate measures to be certain that each candidate’s work is their own. All candidates are required to comply with the regulations set out below and must sign the CILEx Assignment Submission Form (see below) to confirm compliance with the written assignment regulations. Regulations: 1. Candidates must produce their own individual and original work for each of the

written assignments. 2. All written assignments must be word processed. 3. Candidates must keep their work for any written assignments secure to prevent

access by another candidate. 4. Candidates must not share with other candidates any preliminary notes, drafts or

final versions of their written assignments. (This includes but is not limited to providing a fellow candidate with a copy of preliminary notes, drafts or final versions of assignment/s on a memory stick, via email or in hard copy, or similar actions which could compromise the security of a candidate’s work.)

5. Candidates must not work together when producing their preliminary notes, drafts and final versions of a written assignment.

6. Candidates must not copy the preliminary notes, drafts or final versions of another candidate’s written assignment.

7. Candidates must ensure that sources of information are clearly identified and referenced. Plagiarism, which is defined as ‘passing off someone else’s work as your own either intentionally or unintentionally’, is a serious offence.

8. Special consideration is not permitted for written assignments. Candidates who are unwell or adversely affected by circumstances at the time for submission of a written assignment should arrange with their centre to submit the assignment at another time.

Guidance: 9. Candidates must keep a copy of their written assignment because CILEx will not

return assignments which are submitted for moderation. 10. Candidates must pay attention to the presentation of their work and ensure that they

write in full sentences, with appropriate grammar and spelling. 11. Candidates must include their name on each page of the assessment.

60

Penalties for malpractice All candidates for the Level 3 Certificate in Knowledge of Criminal Prosecution Procedures must comply with the CILEx Written Assignment Regulations. Any suspected breaches of these regulations will be reported to CILEx and may result in a malpractice investigation. CILEx may impose penalties on a candidate in the event that malpractice is proven. The Awards Malpractice Committee determines the penalties to be imposed. The following criteria inform the level of penalty imposed on a candidate who has been found to have breached either the Online Test Regulations or the Written Assignment Regulations. The criteria are not exhaustive but provide a benchmark against which individual cases are considered.

Penalty Criteria Written warning Minor breach of the online test/written assignment

regulations which does not affect the integrity of the online test/written assignment, for example: Mobile phone makes noise for a short period during an

online test but is not in candidate’s possession. Minor refusal to adhere to Online Test Supervisor’s

instructions which does not disrupt other candidates Unauthorised materials in possession during the examination

which did not give candidate an advantage over other candidates.

Plagiarism – a limited amount of material from a published source not referenced in a written assignment but which does not call into question the candidate’s achievement of the assessment requirements.

Returning to the test area after terminating an online test during the allotted time for an online

Written assignment declared void

Significant breach of the written assignment regulations, for example: Drafts or final versions for a written assignment shared with

another candidate Copying another candidate’s work for a written assignment Working together with another candidate (or other

candidates) to produce a written assignment Candidate work for a written assignment is not original or

authentic. Plagiarism – a substantial amount of material from a

published work not referenced for a written assignment. Online test declared void

Significant breach of the online test regulations, for example: Refusal to comply with Test Supervisor’s instructions which

compromises the integrity of the online test. Severely disruptive behaviour during an online test. Unauthorised materials found on the candidate during an

online test which would have given candidate an advantage over other candidates.

Unauthorised device (for example a listening or recording device) found on the candidate during an online test.

Security breach of an online test with evidence that candidate has accessed secure test materials.

61

Evidence of use of mobile phone during online test. Refusal to handover suspected unauthorised materials or

device when asked or refusal to demonstrate that any suspected materials or device was not in candidate’s possession.

Arranging to be impersonated by another individual in an online test.

Attempting to communicate or communicating with other candidates during an online test.

Attempting to copy of copying the work of another candidate during an online test.

Printing out the questions and answers for an online test Disclosing or discussing the contents of the candidate’s

online test with another person other than the Test Supervisor, CILEx staff or the accredited centre staff.

Results Enquiries and Appeals Information about the results enquires and appeals process is available in the Level 3 Certificate in Knowledge of Criminal Prosecution Procedures Qualifications Handbook.

62

CILEx Assignment Submission Form

Part 1: Candidate to complete all boxes

Candidate’s name

Candidate’s full postal address

ITC Student Course Number *

CO ITC Course Code *

Edition * 20 Course Category *

Assignment number

Word count

Assessor’s name *

Date sent to assessor

* These details are on your “welcome” letter. Part 2: Candidate to read and sign I confirm that this assignment is all my own original work, and that I have fully attributed all material reproduced from other sources. I have read the CILEx written assignment regulations and have complied with them fully. I declare that the stated word count is accurate to the best of my knowledge and belief.

Signed +

+ A word-processed or electronically scanned signature is acceptable. Part 3: Assessor to complete Please return a copy of this page to the candidate.

Mark given

Date returned

to candidate

63

Assessor Comment Sheet

Assessor to complete all boxes legibly Please return a copy of this page to the candidate.

1 Overall structure of answer (e.g. comment on technique)

2 Style and use of language (e.g. appropriate legal English, grammar, spelling)

3 Substantive content (e.g. use of legal authority and application of law to questions)

4 Guidance and suggestions for future work

64

Appendix E – Instructions to Supervisors

Online tests

Introduction

CILEx takes all reasonable steps to ensure the integrity of the CILEx assessment process.

In this regard, it is important that all online tests are appropriately supervised and any

irregularities are reported and investigated.

This document sets out the instructions and guidance which supervisors are required to

follow when supervising CILEx online tests.

Prior to the test:

The Online Test Supervisor and the candidate must agree a date and time for

completion of the test with ITC.

On occasion candidates may require additional support during their online test in the

form of reasonable adjustments. ITC will advise the Supervisor regarding any

reasonable adjustment requirements (approved by CILEx) to be put in place for a

candidate’s online test. The Supervisor is responsible with ITC for ensuring that the

necessary arrangements are put in place to address any reasonable adjustment

requirements.

Where there is more than one candidate taking an online test, a second supervisor

must be available and ready to assist if one of the candidates should require a toilet

break.

Supervisors must familiarise themselves with the Online Test Regulations.

The test lasts for 1 hour.

Requirements for the Online Test Area:

There must be adequate heating, lighting and ventilation in the online test area.

All reasonable steps should be taken to ensure that candidates will not be disturbed

during the online test. Please make certain that neighbouring rooms are not used for

any activity that might generate noise or other distraction.

There should be no materials displayed in the online test area which might be helpful

to candidates.

Toilet facilities must be available and should be located reasonably closely to the

online test area.

A clock must be visible to all candidates, set at the correct time and used to time the

online test (this may not be needed if the computers used by the candidates display

the correct time).

If more than one candidate is undertaking the test at the same time, there must be at

least 1.25 metres between each desk and the candidates must not be able to see

another candidate’s computer screen from their seat.

All telephones in the room must be turned off before the test is started, and for the

duration of the test.

Plain paper and a pencil or pen should be placed on the candidates’ work stations.

65

During the test:

Candidates must be made aware of the start/finish time for the test before the test

commences.

Candidates are permitted to make notes on the plain paper supplied.

Supervisors must observe candidates to ensure that the candidates are complying

with the Online Test Regulations. This includes ensuring that candidates are not

referring to any unauthorised materials, communicating with other candidates or using

mobile telephones or electronic communication devices etc.

Supervisors are not permitted to assist candidates in providing responses to an online

test.

Candidates are permitted to leave the online test area temporarily during the online

test if they require the toilet facilities or feel unwell, otherwise candidates should

remain in the online test area for the duration of the test.

In the event that a candidate wishes to leave the online test area during the test, they

are required to raise their hand to alert the Supervisor. Candidates who have a valid

reason for temporarily leaving the online test area must be at all times escorted by a

Supervisor. (Please note, if a candidate wishes to take a toilet break they should,

wherever possible, be accompanied by a Supervisor of the same gender.) No

additional time is added on to the duration of the test if the candidate has to leave the

test area temporarily.

Candidates who decide to terminate their test before the end of the allotted time for

the test must not be permitted to return to the test area thereafter.

The Supervisor must alert candidates 15 minutes and 5 minutes before the end of the

test.

End of the test:

The Supervisor must ask the candidate to print 2 copies of the screen displaying their

results.

The Supervisor must collect and shred any notes made by the candidate during the

test.

The Supervisor must complete the Supervisor’s Declaration form to confirm that the

test has been completed in accordance with the Instructions to Supervisors: Online

Tests and the Online Test Regulations.

The Supervisor’s Declaration form must be returned to ITC within 7 days (by secure

post), in the envelope provided, with a print copy of the results screen. Failure to

complete the Supervisor’s Declaration form and dispatch it appropriately to the

accredited centre will render the test invalid.

Where technical problems disrupt an online test or prevent an online test from being

taken, the Supervisor must report any technical problems to ITC on 01234 844300 on

the same day as the test is attempted, and await advice on next steps.

66

Guidance on action to be taken if a breach of the Online Test regulations is

suspected

The following points are provided as guidance to assist supervisors. As each situation will

differ it is important that supervisors use their discretion within the boundaries set out

below. Allegations of student malpractice may be considered by the CILEx Malpractice

Committee which reviews the evidence provided along with the candidate’s written

response to the allegation.

Care must be taken not to disturb other candidates. However, the supervisor has the

discretion to allow a little extra time if the incident has caused a disturbance. This

must be documented on the Supervisor’s Declaration form.

If a supervisor suspects a candidate is breaching the Online Test Regulations, for

example, referring to notes, using a communication device etc, evidence of the

breach of the regulations must be sought – the candidate should be discreetly

observed by the supervisor present.

In the event that the supervisor reasonably believes that the candidate is breaching

the regulations – the candidate should be challenged. It may be appropriate to ask

the candidate to step outside of the online test area to avoid disruption to any other

candidates. Wherever possible a second witness should be present.

If necessary, a request that the candidate empties their pockets (or wherever the

suspected unauthorised material was thought to have been placed) should be

made. However if the candidate refuses, this should be noted, and no efforts should

be made to search a candidate against their will.

In the event that unauthorised ‘material’ is found in the possession of the candidate,

a request should be made that the candidate gives the material to the supervisor.

The material should be subsequently submitted to ITC with the Supervisor’s

Declaration Report Form. However, if the unauthorised ‘material’ is electronic

equipment (MP3 player etc) or a mobile phone – a record/description of the

equipment should be made on the report form and there should be two witnesses

who are in a position to describe the equipment which was found in the candidates’

possession. The equipment should then be returned to the candidate.

The candidate should be allowed to continue the test, but the supervisor should

record the point the candidate had reached, stating the time the malpractice was

suspected and the candidate challenged.

At the end of the test, the candidate should be advised that a report will be made to

ITC to be passed onto CILEx and that the candidate will be invited by CILEx to

provide their own report. All the evidence presented will be considered by the

appropriate CILEx Committees.

If any matter not covered by these instructions arises during the course of the test, it

should be dealt with as appropriately as possible. Any candidate found to be in breach of

any of the regulations should be permitted to complete the online test. The Supervisor’s

Declaration Report form must clearly detail any events that occurred and be submitted to

ITC within 7 working days of the online test and the candidate should be informed of this

action. In an emergency, ITC can be telephoned.

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In exceptional circumstances, where the continuing presence of a candidate would hinder

other candidates, a candidate may be expelled from the online test area.

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Certificate in Criminal Prosecution

Online Test

Supervisor’s Declaration Form

I ________________________ (please print name) have supervised the Level 3

Certificate in Knowledge of Criminal Prosecution Procedures Online Test in accordance

with the published Instructions to Supervisors: Online Test and the CILEx Online Test

Regulations.

Test Number:

Signature:

Date of test:

CPS Area:

Candidate’s name:

Candidate’s CO Number:

In the evidence that any irregularities or suspected breaches of the online test regulations occurred, please complete the following;

INCIDENT REPORT Date of incident

Time of incident

Details of irregularities/suspected breaches of regulations (continue on a separate sheet if necessary)

Thank you for your help. Please complete this declaration and return it to:

PS Course Administration, ITC College House, Manor Drive, Kempston, Bedford, MK42 7AB

69

Appendix F- Student Malpractice Policy

CILEx Procedures for Dealing with Cases of

Suspected Student Malpractice

Level 3 Certificate in Knowledge of Criminal

Prosecution Procedures (QCF)

Issued June 2012

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Contents 1. Introduction

2. Examples of student malpractice

3. Allegations of suspected student malpractice

4. CILEx investigations into suspected student malpractice

5. Rights of students accused of malpractice

6. The decision: Awards Malpractice Committee

7. Penalties

8. Appeals

9. CILEx certificates

10. Retention of materials

11. Reporting cases of proven student malpractice

12. CILEx contacts for information regarding CILEx malpractice procedures or

malpractice queries

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1. Introduction

CILEx is a Professional and Awarding Organisation recognised by Ofqual. CILEx is required to comply with ‘General Conditions of Recognition (May 2011),

Ofqual, and the ‘Regulatory arrangements for the Qualifications and Credit Framework’ (August 2008), Ofqual.

This document sets out CILEx policy and procedures for dealing with suspected cases of malpractice by students studying the Level 3 Certificate in Knowledge

and Criminal Prosecution Procedures. The action a student should take if accused of malpractice is set out along with the appeals policy and the penalties which may be imposed if allegations of malpractice are proven.

Malpractice is a sensitive issue for all awarding organisations particularly for

those with a professional body role. Students who behave inappropriately in an online test/written assignment undermine the integrity of the CILEx assessment process. The vast majority of students abide by CILEx regulations

and study hard to ensure their assessment performance reflects their ability, knowledge and competence. It is important that CILEx supports this majority

of hardworking students by being vigilant and identifying and disciplining students who do not adhere to the regulations which govern the CILEx

assessment processes. Therefore, CILEx takes appropriate action in respect of cases of malpractice to preserve the integrity of CILEx qualifications.

Students are also advised to familiarise themselves with ‘CILEx Procedures for dealing with Cases of Suspected Accredited Centre Malpractice or

Maladministration’. The most recent version of this document is posted on the Criminal Prosecution area of the CILEx website (www.cilex.org.uk).

2. Examples of student malpractice

Students studying the Level 3 Certificate in Knowledge and Criminal Prosecution Procedures are required to comply with the CILEx Qualification

Regulations: Online Test Regulations and Written Assignment Regulations.

Student malpractice includes malpractice by a student in relation to an online test or written assignment.

Some examples of student malpractice are listed below:

Taking unauthorised materials into an online test area (it is acceptable to leave text books etc at the front/side/back of the test area in accordance with the Test Supervisor’s instructions). This could include notes written on

a piece of paper/ruler/ student’s arm/ back of hand etc. Communicating with another student during an online test.

Using a mobile telephone/ pocket computer/ personal stereo or other communication device during an online test.

Non-compliance with instructions or advice of a Test Supervisor in relation

to the Online Test Regulations. Disruptive behaviour during an online test.


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Impersonating another student or arranging to be impersonated, for example arranging for another person to take an online test or complete a

written assignment on one’s behalf. Plagiarism: reproducing work from a published source (including the

internet) and presenting it as one’s own work. Copying the work of another student or allowing one’s own work to be

copied by another student.

The above list of examples of malpractice is not an exhaustive list and reports

of other student malpractice will be fully investigated by CILEx.

3. Allegations of suspected student malpractice

Allegations of suspected student malpractice may be made by an accredited centre or accredited centre contractors, CILEx assessors, CILEx students, CILEx officers and others involved in the delivery of online tests and written

assignments for CILEx qualifications. CILEx normally requests that all allegations are made in writing. In some cases an allegation of student

malpractice may be made anonymously.

All allegations of suspected malpractice are evaluated by CILEx to determine the potential gravity of the malpractice, the risk to the CILEx qualifications and the appropriate course of action and nature of any investigation by CILEx

which may be necessary.

4. CILEx investigations into suspected student malpractice

All allegations of suspected student malpractice in assessment are investigated by the Awards Department.

The scope and activities undertaken as part of each malpractice investigation will depend on the nature of suspected malpractice. In each case

investigations will involve the gathering of evidence relating to the suspected malpractice which may include but not be limited to requesting that the

accredited centre conducts a full investigation, contacting potential witnesses and collecting witness reports, conducting interviews with witnesses, reviews of student work, consideration of other work the student has undertaken with

a centre, consideration of the work produced by other students at the examination or accredited centre.

CILEx reserves the right to withhold a student’s results until the investigation has been concluded and subject to the Awards Malpractice Committee’s

decision.

As part of the investigation the student accused of malpractice will be contacted and advised that an investigation is being undertaken and provided with the opportunity to provide a response.

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5. Rights of students accused of malpractice

Following the investigation into a case of student malpractice, the student will

be sent written confirmation of the allegation as follows:

Details of the allegation

Evidence relating to the allegation (including witness reports if provided)

A copy of the relevant ‘CILEx Procedures for dealing with cases of suspected malpractice’ which set out the penalties and appeals policy and an overview of the Awards Malpractice Committee’s remit.

All students accused of malpractice are invited to provide a written response

to the allegation and evidence presented. Students will normally be given 14 days from the date of receipt of the allegation and evidence to provide their written response. If no response is received within 21 days then the matter

will be referred to the Awards Malpractice Committee.

Students are able to contact the Quality Assurance Manager or the Quality Assurance Officer if further guidance is required. (The relevant contact details

appear in Section 13.)

6. The decision: Awards Malpractice Committee

Investigations into student malpractice are reported to the Awards Malpractice Committee.

The Awards Malpractice Committee is provided with the following information in respect of each case of student malpractice:

Report from CILEx officers Report from the centre, if applicable

Evidence in support of the allegation The student’s written response/s to the allegation.

The Awards Malpractice Committee considers all the information and evidence relating to the investigation which has been presented to the Committee. The

Committee must be satisfied on the balance of probabilities in order to decide that malpractice has been proven. The Committee provides reasons for its

decision in respect of each case of malpractice considered. In the event that the Awards Malpractice Committee determines that

malpractice is proven, it determines the penalty to be applied in accordance with the criteria in Section 7 Penalties. It also sets out any action to be taken

to protect the integrity of the online test or written assignment. Students accused of malpractice are not permitted to attend the meeting/s of

the Awards Malpractice Committee. The work of the Committee is confidential.

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CILEx officers will write to students accused of malpractice within 5 working days of the Awards Malpractice Committee meeting to confirm the decision of

the Committee and any penalties imposed.

7. Penalties CILEx may impose penalties on a student in the event that malpractice is

proven. The Awards Malpractice Committee determines the penalties to be imposed which must be commensurate with the gravity of the malpractice

which is proven. The following criteria inform the level of penalty imposed on a student. The

criteria are not exhaustive but provide a benchmark against which individual cases are considered.

Penalty Criteria

Written warning Minor breach of the online test/written assignment

regulations which does not affect the integrity of the

online test/written assignment, for example:

Mobile phone makes noise for a short period during an

online test but is not in candidate’s possession.

Minor refusal to adhere to the Online Test Supervisor’s

instructions which does not disrupt other candidates

Unauthorised materials in possession during the online

test which did not give candidate an advantage over

other candidates.

Plagiarism – a limited amount of material from a

published source not referenced in a written assignment

but which does not call into question the candidate’s

achievement of the assessment requirements.

Returning to the test area after terminating an online

test, during the allotted time for an online test

Written assignment

declared void

Significant breach of the written assignment

regulations, for example:

Drafts or final versions for a written assignment shared

with another candidate

Copying another candidate’s work for a written

assignment

Working together with another candidate (or other

candidates) to produce a written assignment

Candidate work for a written assignment is not original or

authentic.

Plagiarism – a substantial amount of material from a

published work not referenced for a written assignment.

Online test declared

void

Significant breach of the online test regulations, for

example:

Refusal to comply with Test Supervisor’s instructions

which compromises the integrity of the online test.

Severely disruptive behaviour during an online test.

Unauthorised materials found on the candidate during an

online test which would have given candidate an

advantage over other candidates.

Unauthorised device (for example a listening or recording

device) found on the candidate during an online test.

Security breach of an online test with evidence that

candidate has accessed secure test materials.

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8. Appeals

Students are entitled to appeal against student malpractice decisions. Students must make a written request for an appeal within 15 working days of

receipt of the correspondence from CILEx confirming the decision and penalties to be applied. The deadline for requesting an appeal is set out in the CILEx letter confirming the decision of the Awards Malpractice Committee.

Students must provide a reason for requesting an appeal.

Requests for appeals are acknowledged by CILEx and are considered by the Awards Appeals Committee. Appeals are considered by the Committee at its next meeting which will normally be within 60 working days.

The only evidence that the Awards Appeals Committee shall take into account

in determining an appeal shall be the material before the Awards Malpractice Committee. Where a student appealing the decision of the Awards Malpractice Committee wishes to put before the Awards Appeals Committee evidence that

(i) could not reasonably have been produced to the Awards

Malpractice Committee, (ii) would have been capable of affecting the decision of the Awards

Malpractice Committee, and

(iii) is credible,

the Awards Appeals Committee may take that evidence into account. In determining an appeal, the Awards Appeals Committee may:

(i) confirm the decision of the Awards Malpractice Committee;

(ii) vary the decision of the Awards Malpractice Committee; or (iii) order the Awards Malpractice Committee to reconsider the case.

The student will be notified of the Awards Appeals Committee’s decision within 5 working days of the meeting.

Evidence of use of a mobile phone during online test.

Refusal to handover suspected unauthorised materials or

device when asked or refusal to demonstrate that any

suspected materials or device were not in candidate’s

possession.

Arranging to be impersonated by another individual in an

online test.

Attempting to communicate or communicating with other

candidates during an online test.

Attempting to copy of copying the work of another

candidate during an online test.

Printing out the questions and answers for an online test

Disclosing or discussing the contents of the candidate’s

online test with another person other than the Test

Supervisor, CILEx staff or the accredited centre staff.

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9. CILEx Certificates

In the event that CILEx has awarded a certificate (credit certificate or qualification certificate) to a student who is subsequently found to have

committed malpractice for the unit or qualification for which the certificate/s has/have been awarded, CILEx will revoke the relevant certificate/s.

10. Retention of materials

CILEx retains all documentation and records in relation to a malpractice investigation which resulted in penalties being imposed on a student for five years following the decision and confirmation of penalties.

11. Reporting cases of proven student malpractice

CILEx notifies Ofqual of all cases of student malpractice which could either invalidate the award of a CILEx qualification or could affect another awarding

organisation. In such cases CILEx will agree appropriate action with Ofqual.

CILEx will report cases of student malpractice to the relevant authorities if proven malpractice involves a criminal act.

CILEx reserves the right to report cases of student malpractice to the student’s accredited centre and to ILEX Professional Standards (IPS).

All cases of proven student malpractice are reported to the Awards

Performance and Strategy Committee. 12. CILEx contacts for information regarding CILEx malpractice

procedures or malpractice queries

Amanda Pipe Quality Assurance Manager T: 01234 845758 E: [email protected]

Susan Jayes Quality Assurance Officer T: 01234 845757 E: [email protected]

Alison Hollyer Head of Awards T: 01234 845735 E: [email protected]

CILEx, Kempston Manor, Kempston, Bedford, MK42 7AB




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Appendix G - Reasonable Adjustments Policy and Procedure

Level 3 Certificate in Knowledge of Criminal

Prosecution Procedures

Guidance to Candidates:

Reasonable Adjustments

&

Special Consideration

2012/2013

Issued June 2012

78

Contents

Section

No.

Title

1 INTRODUCTION

2 DEFINITIONS

2.1 Reasonable adjustments - definition

2.2 Special consideration – definition

3 CILEx DUTIES/RESPONSIBILITIES

4 DUTIES/RESPONSIBILITIES OF CENTRES

5 RESPONSIBILITIES OF CANDIDATES

SECTION A: REASONABLE ADJUSTMENTS

6 CANDIDATES ELIGIBLE FOR REASONABLE ADJUSTMENTS

7 SUPPORTING EVIDENCE FOR REASONABLE ADJUSTMENT APPLICATIONS

8 APPLYING FOR REASONABLE ADJUSTMENTS

8.6 Reasonable Adjustment Appeals

9 RANGE AND TYPES OF REASONABLE ADJUSTMENTS

9.1 Commonly Requested Reasonable Adjustments

9.2 Reasonable Adjustment Categories

9.3 Detailed Guidance on Types of Reasonable Adjustments

Changes to Assessment Conditions

9.3.1 Extra time

9.3.2 Supervised Rest Breaks

9.3.3 Change in the organisation of the assessment room

9.3.4 Separate accommodation within the centre

Use of Mechanical, Electric or Technological aids

9.3.5 Use of coloured overlays, low vision aids, tinted spectacles, CCTV, OCR

scanners and amplification equipment

9.3.6 Use of assistive technology, such as speech software and voice activated

software

Modifications to the presentation of the assessment material

9.3.7 Assessment material in enlarged format

9.3.8 Assessment material in Braille

9.3.9 Assessment material on coloured paper

9.3.10 Assessment material in audio format

Alternative ways of presenting candidate responses

9.3.11 Responses on audio cassette

9.3.12 Responses in Braille

Use of Access Facilitators

9.3.13 Reader

9.3.14 Scribe/Amanuensis

9.3.15 British Sign Language (BSL)/English interpreter

9.3.16 Prompter

9.3.17 Practical Assistant

9.3.18 Transcriber

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SECTION B: SPECIAL CONSIDERATION

10 General Guidance about Special Consideration

11 Candidates Eligible to Apply for Special Consideration

12 Applying for Special Consideration

12.2 Deadlines for Special Consideration Applications

13 Evidence to Support a Request for Special Consideration

14 Decisions on Special Consideration Requests

15 Special Consideration Appeals

Appendix

1

Application Form for Reasonable Adjustments – 2012/2013

(CILEx/RA/NL3&6)

Appendix

2

Application Form for Special Consideration – 2013 (CILEx/SC/NL3&6)

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1. INTRODUCTION

This document sets out the CILEx policy relating to candidates with particular

assessment requirements studying the Level 3 Certificate in Knowledge of Criminal

Prosecution Procedures. It is important the candidates are familiar with CILEx policy

and regulations relating to reasonable adjustments and special consideration.

CILEx recognises that there are some candidates who have coped with the learning

demands of a CILEx course but for whom the standard arrangements for the

assessment of their attainment may present an unnecessary barrier, which could be

removed without affecting the validity of the assessment. This applies both in the

case of candidates with known and long-standing learning difficulties and candidates

who are affected at or near the time of assessment.

2. DEFINITIONS

2.1 Reasonable adjustments

2.1.1 A reasonable adjustment is any action that helps to reduce the effect of a

disability or difficulty that places the candidate at a substantial

disadvantage in the assessment situation.

2.1.2 Reasonable adjustments must not affect the integrity of what needs to be

assessed, but may involve but not be limited to:

changing standard assessment arrangements, for example allowing

candidates extra time to complete the assessment activity

adapting assessment materials

providing access facilitators during assessment, such as a reader

re-organising the assessment room, such as removing visual stimuli

for an autistic candidate.

Further guidance on the types of reasonable adjustment a candidate may

request are detailed in Section 9.

2.1.3 Reasonable adjustments are approved or set in place before the

assessment activity takes place; they constitute an arrangement to give

the candidate access to the qualification. The use of a reasonable

adjustment will not be taken into consideration during the assessment of

a candidate’s work.

2.1.4 CILEx is required by law to do what is ‘reasonable’ in terms of giving

access. What is reasonable will depend on the individual circumstances,

cost implications and the practicality and effectiveness of the adjustment.

Other factors, such as the need to maintain competence standards and

health and safety, will also be taken into consideration.

2.2 Special consideration

2.2.1 Special consideration is given to address the difficulties faced by

candidates who were disadvantaged by temporary illness, injury or

adverse circumstances which arose at or near the time of an assessment.

2.2.2 Special consideration should not give the candidate an unfair advantage,

neither should its use cause the user of the certificate to be misled

regarding a candidate’s achievements.

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Further information about special consideration appears in Section 10 – 15.

3. CILEx DUTIES/RESPONSIBILITIES

CILEx as an accredited awarding organisation seeks to:

3.1 Approve valid special/alternative arrangements for access to assessments;

3.2 Have in place a fair and reasonable special consideration policy;

3.3 Ensure that reasonable adjustments do not reduce the validity or reliability of

the examination or assessment;

3.4 Ensure that the provision for reasonable adjustments and special consideration

does not compromise the integrity or credibility of the qualification;

3.5 Determine reasonable adjustments in relation to the defined needs of the

individual candidates;

3.6 Consider the candidate’s usual methods of learning and producing work, if

appropriate, when making decisions on reasonable adjustments.

4. DUTIES AND RESONSIBILITIES OF CENTRES

Centres should work in partnership with the candidate and CILEx and:

4.1 Ensure the requirements of the candidate in relation to reasonable adjustments

are considered from the outset when he/she applies for a CILEx course;

4.2 Ensure that all candidates are aware of the additional support for reasonable

adjustments and the policy for special consideration at the beginning of their

CILEx course and the procedures for applying for reasonable adjustments and

special consideration;

4.3 Ensure that all arrangements requested will assist the candidate to

demonstrate his/her attainment without affecting or circumventing assessment

requirements;

4.4 Consider the candidate’s normal way of learning and producing work as a basis

for reasonable adjustments provided that this compensates for the barrier

caused by the disability without reducing the integrity of the academic

qualification;

4.5 Ensure that buildings used for assessment are accessible to disabled

candidates, as far as is practicable.

5. RESPONSIBILITIES OF CANDIDATES

5.1 Candidates must ensure that they are familiar with the CILEx Level 3

Certificate in Knowledge of Criminal Prosecution Procedures -

Guidance to Candidates: Reasonable Adjustments and Special

Considerations. All queries relating to this document should be raised with

CILEx or the candidate’s accredited centre.

5.2 Candidates must ensure that all requests for reasonable adjustments are

made to the Awards Department at CILEx and supported by the relevant

medical documentation or other supporting documentation as detailed in

Section 7.

5.3 Candidates should send completed reasonable adjustment application forms

directly to CILEx as soon as possible and before the deadlines set out in the

relevant Qualification Schedule on the website.

5.4 Candidates must ensure that all requests for special consideration are made

to the accredited centre and supported by the relevant medical

documentation or other supporting documentation.

5.5 It is a candidate’s responsibility in consultation with a medical practitioner to

ensure the supporting medical documentation sets out clearly any reasonable

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adjustments required, or any difficulties faced which led to a request for

special consideration due to a medical condition. Further details about

supporting evidence appear in Section 7 (reasonable adjustments) and

Section 13 (special considerations).

5.6 Candidates are encouraged to discuss any assessment-related needs with

their accredited centre.

5.7 Candidates should note that failure to comply with the guidance contained in

this handbook might lead to a candidate’s grade or result being withheld

and/or to an investigation into the matter.

The guidance and regulations relating to reasonable adjustments appears in

Sections 6 – 9. The reasonable adjustment application form (CILEx/RA/L3

CPS) appears in Appendix 1.

The guidance and regulations relating to special considerations appears in

Sections 10 – 16. The special consideration application form (CILEx/SC/L3

CPS) appears in Appendix 2.

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SECTION A: REASONABLE ADJUSTMENTS

6. CANDIDATES ELIGIBLE FOR REASONABLE ADJUSTMENTS

6.1 Candidates will only be eligible for reasonable adjustments if their disability or

difficulty places them at a substantial disadvantage in the assessment

situation.

6.2 Candidates will be eligible for reasonable adjustments if their performance

during an assessment is likely to be substantially affected by a particular

impairment. Many of these candidates will be defined as being disabled under

the Equality Act 2010.

6.3 A candidate does not necessarily have to be disabled (as defined by the

Equality Act 2010) to be entitled to reasonable adjustments to assessment.

Every candidate who is disabled will also not necessarily be entitled to or need

an adjustment to assessment. Candidates may have developed coping

mechanisms which minimise or remove the need for assistance.

6.4 An adjustment to assessment is only considered where the difficulty

experienced places the candidate at a substantial disadvantage. Where the

difficulty is minor, centres may assist candidates by offering help with study

and assessment skills.

6.5 Any adjustment to assessment will be based on what the candidate needs to

access the assessment as detailed in supporting medical documentation or

other specialist advice supplied by the candidate.

7. SUPPORTING EVIDENCE FOR REASONABLE ADJUSTMENT APPLICATIONS

7.1 It is a candidate’s responsibility to ensure that appropriate supporting

documentation accompanies all requests for reasonable adjustments in order

to ensure that CILEx is able to provide each candidate with the necessary

assistance.

7.2 Any adjustment to assessment must be supported by evidence which is

sufficient, valid and reliable.

7.3 Examples of appropriate supporting evidence may include:

Evidence of assessment of the candidate’s needs in relation to the

particular assessment, made within the centre by relevant qualified

centre staff such as learning support staff, trainers, assessors and other

specialist staff.

Written evidence produced by independent, authoritative, external

specialists. This could take the form of medical, psychological or

professional reports or assessments. These reports should state the

name, title and professional credentials of the person who carried out the

assessments and wrote the report. The report should set out the nature

of the difficulty and extent to which the candidate is affected by the

difficulty; including the effects of any medication that the candidate may

be taking. In cases where it might be expected that there could be

changes in the way the candidate is affected by the difficulty, there will

have to be evidence of assessments and consultations carried out within

the preceding two years by an independent expert.

Where a reader or scribe is requested for a candidate with learning

difficulties, evidence that the candidate’s reading and writing skills are

below average must be submitted.

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Candidates with a Statement of Special Educational Need do not

automatically qualify for reasonable adjustments. The demands of the

qualification are taken into account. The reasons for the statement may

have only limited effect on achievement in the assessment.

8. APPLYING FOR REASONABLE ADJUSTMENTS

8.1 Candidates must apply for reasonable adjustments at the start of their

programme of study and before commencing assessments. Where possible

and appropriate all reasonable adjustments should be requested at this point

and as one request. All applications for reasonable adjustments must be

sent to the Awards-Operations Department at CILEx by the deadlines in the

relevant Qualification Schedule on the website.

8.2 Applications for assessments in Braille must be made at least 6 weeks prior

to the assessment in order that the necessary arrangements and quality

assurance checks can be undertaken.

8.3 For candidates with temporary disabilities or indisposition only, as much

notice as possible should be given. If the application is received too close to

the date of the assessment, CILEx may not be able to accommodate the

request.

8.4 Candidates should use the ‘Application for Reasonable Adjustments’ form

CILEx/RA/L3 CPS (see Appendix 1) when applying for reasonable

adjustments.

8.5 It should be noted that applications received after the deadline or without

the required supporting documentation may not be processed in time for the

candidate to take the assessment or may be rejected.

8.6 Reasonable Adjustment Appeals

Candidates wishing to appeal against the outcome of a reasonable adjustment

application are entitled to do so. These appeals are considered by the Independent

Review Panel.

The role of the Independent Review Panel is to re-consider the original application for

reasonable adjustment, the supporting documentation submitted at the time of the

application and the rationale for the decision on the application. The Independent

Review Panel determines whether or not to uphold the candidate’s appeal. In the

event that the appeal is upheld, the Independent Review Panel will determine what

action is to be taken.

The Independent Review Panel’s decision is final and no further requests for an appeal

of the reasonable adjustment decision will be considered. Please note that the

outcome of an appeal of a reasonable adjustment decision may take up to 6 weeks

from the date the appeal request was received by CILEx.

In order to appeal against a reasonable adjustment decision, candidates must have

submitted their reasonable adjustment application by the published deadline as set

out in the relevant Qualification Schedule (on the CILEx website) for reasonable

adjustment applications. Only in exceptional circumstances will appeals against

reasonable adjustment decisions be accepted for reasonable adjustment applications

which were not submitted by the published deadline. Candidates must write to the

Awards Department at CILEx within 2 weeks of receiving confirmation from CILEx of

the decision on the reasonable adjustment application. The letter must state clearly

85

that a reasonable adjustment appeal is being sought and unit assessment details must

be provided. Candidates are not permitted to submit any additional evidence or

supporting documentation as part of the appeals process.

Important: Please note if a candidate would like their reasonable adjustment

application to be revisited by CILEx because they have new information/evidence, this

is not considered to be an appeal. Candidates in this situation should contact the

Awards Department at CILEx with the new information/evidence in order that the

application can be reassessed.

9. RANGE AND TYPES OF REASONABLE ADJUSTMENTS

9.1 Commonly Requested Reasonable Adjustments

9.1.1 Detailed below are the most commonly requested adjustments to standard

assessment arrangements. This is not an exhaustive list:

Extra time up to 25%

Supervised rest breaks

Separate accommodation within the centre

Assessment material in enlarged format

Responses on audio cassette

Reader

Scribe/Amanuensis

Further details are provided on the different adjustments available in Section 9.3.

9.1.2 Not all the adjustments to assessments described above will be reasonable

or practical for particular situations.

9.2 Reasonable Adjustment Categories

9.2.1 The list of reasonable adjustments is organised under the following

headings:

Changes to assessment conditions

Use of mechanical and electronic aids

Modifications to presentation of assessment material

Alternative ways of presenting responses

Use of access facilitators

9.3 Detailed Guidance on Types of Reasonable Adjustments

Changes to assessment conditions

9.3.1. Extra time

Where assessment activities are time constrained a candidate may be allowed extra

time during an assessment if he/she has a condition which affects speed of

processing.

The amount of additional time granted will reflect the extent to which the completion

of the time constrained assessment is affected by the candidate’s condition. An

additional allowance of 25% of the total assessment time should meet most needs. An

allowance of up to 33% may be permitted in exceptional cases.

86

The allowance of extra time should compensate for the barrier caused by the disability

without reducing the integrity of the academic qualification.

9.3.2 Supervised rest breaks

Where assessment activities are time constrained, a candidate may, if there is a

demonstrated need, be allowed supervised rest breaks during an assessment.

Supervised rest breaks may be taken either in or outside the assessment room. The

duration of the breaks will not be deducted from the assessment time.

9.3.3 Change in the organisation of the assessment room

Minor changes to the organisation of the assessment room may benefit some

candidates with autistic spectrum disorder, with visual or hearing impairment or with

physical difficulties.

Visually impaired candidates may benefit from sitting near a window so that they have

good lighting.

Hearing impaired candidates may benefit from being seated near the front of the

room.

Autistic candidates may benefit from having visual/noise stimuli, such as a ticking

clock, removed from the room.

9.3.4 Separate accommodation within the centre

Arrangements to accommodate candidates separately are made if the candidate is

using readers, scribes, BSL/English interpreters, amplification or word processing

equipment which may disturb other candidates.

In such circumstances the usual assessment conditions will apply and the assessments

will be supervised in accordance with CILEx instructions.

Use of mechanical, electronic and technological aids

9.3.5 Use of coloured overlays, low vision aids, tinted spectacles, cctv, ocr

scanners and amplification equipment

Some candidates with visual impairment, hearing impairment or learning difficulties

may benefit from using these aids.

Candidates opting for these adjustments should be confident in the use of these aids.

Candidates using these aids will be accommodated separately with separate

invigilation.

CILEx has to be satisfied that any new technology will not invalidate the assessment

requirements and is proportionate to the needs of the candidate.

9.3.6 Use of assistive technology, such as speech software and voice

activated software

Blind or visually impaired candidates may benefit from the use of software that reads

material to them. Similarly, candidates with physical difficulties may benefit from the

use of voice activated software to record their responses.

87

CILEx must be satisfied that use of assistive technology will not invalidate the

assessment requirements.

Modifications to the presentation of the assessment material

9.3.7 Assessment material in enlarged format

Candidates may apply for assessment material to be enlarged to a format suitable for

candidates with visual impairment.

9.3.8 Assessment material in Braille

Centres may apply for externally set assessment material to be brailled for blind or

visually impaired candidates.

Candidates requiring assessment paper/s in Braille must apply to CILEx 6 weeks

prior to the date of the assessment in order that CILEx can make the necessary

arrangements and complete quality assurance procedures required.

9.3.9 Assessment material on coloured paper

Some candidates with visual impairment or learning difficulties may benefit from

having assessment material/reference or resource materials photocopied onto

coloured paper.

9.3.10 Assessment material in audio format

Where there is evidence of need, CILEx may be able to provide assessment material in

audio format. However, CILEx must be satisfied that the adjustment does not

invalidate the assessment.

Alternative ways of presenting candidate responses

Candidates wherever possible will be provided with the means to present their

responses by the method most appropriate and familiar to them, as long as the use of

methods will not invalidate the requirements of the assessment.

9.3.11 Responses on audio cassette

Where there is evidence of need, candidates may be permitted to record their

responses to questions onto audio cassette. Where the candidate’s responses are

recorded onto audio cassette CILEx will arrange for a transcript of the candidate’s

responses.

Recording the candidate’s responses on audio cassette must not invalidate the

assessment requirements or reduce academic validity.

9.3.12 Responses in Braille

Where there is evidence of need, candidates may be permitted to present their

responses in Braille.

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In these cases arrangements will be made for a transcript of the candidate’s responses

to be provided.

Presenting the candidate’s responses in Braille must not invalidate the assessment

requirements.

Use of access facilitators

9.3.13 Reader

A reader is a person who, when requested, will read to the candidate all or part of the

assessment material and the candidate’s written responses.

The candidate, in consultation with CILEx, should consider carefully whether the use of

a reader will be an effective arrangement.

For candidates requiring a reader and an amanuensis, the same person may act as

both.

9.3.13.1 Permission for the use of a reader must be obtained by the candidate

from CILEx by the deadline for reasonable adjustment applications.

9.3.13.2 The use of a reader should compensate for the barrier caused by the

disability without reducing the integrity of the academic qualification.

9.3.13.3 The use of a reader must not modify the CILEx syllabus or

assessment requirements for the subject being assessed. In some

cases the understanding of the written word may be the skill being

examined.

9.3.13.4 Additional time will be permitted for the use of a reader and will

normally be up to 25% of the prescribed duration of the test. In

exceptional circumstances, 33% additional time may be granted.

9.3.13.5 A reader must be a responsible adult who is able to read accurately

and at a reasonable rate and should ideally have a working

knowledge of the subject being examined or assessed.

9.3.13.6 A reader should not normally be the candidate’s lecturer/assessor but

there may be circumstances in which it is necessary to use the

candidate’s own lecturer/assessor in that capacity; in such cases

CILEx must be informed immediately and will determine if such an

arrangement is appropriate. On no account may a relative, friend or

peer of the candidate be used as a reader.

9.3.13.7 A candidate should, wherever possible, have adequate practice in the

use of a reader.

9.3.13.8 Candidates having the services of readers are accommodated

separately to avoid disturbing other candidates.

9.3.13.9 The reader may not act as the test supervisor.

9.3.13.10 Role of the Reader:

The reader:

will read only as requested by the candidate. The candidate may

choose to read some parts of the assessment him/herself;

will read accurately. If the reader is working with a deaf or hearing

impaired candidate, the reader will articulate clearly;

will only read the exact wording (instructions and questions), but not

give meanings of words, rephrase or interpret anything;

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will repeat instructions and questions on the paper only when specifically

requested to do so by the candidate. The repetition of the instructions

and questions will be agreed with and explained to the candidate prior to

the assessment;

will read, as often as requested, the answers already recorded, but will

not act as proof-reader;

will not advise the candidate regarding which questions to do, when to

move on to the next question, nor the order in which the questions

should be answered;

may enable a visually impaired candidate to identify which piece of

visual material relates to which question, but will neither give factual

help to the candidate nor offer any suggestion;

is permitted to help a visually impaired candidate using diagrams,

graphs and tables to obtain the information that the print/amended

print copy would give to a sighted candidate;

will, if requested, give a visually impaired candidate the spelling of a

word which appears on the paper, but otherwise spellings will not be

given;

will refer any problems during the assessment to the test supervisor.

9.3.14 Scribe/Amanuensis

A scribe or an amanuensis is a person who, in an assessment, writes down or word

processes a candidate's dictated responses.

9.3.14.1 Permission for the use of an amanuensis must be obtained by the

candidate from CILEx by the deadline for reasonable adjustment

applications.

9.3.14.2 The use of an amanuensis should compensate for the barrier caused

by the disability without reducing the integrity of the academic

qualification.

9.3.14.3 The use of an amanuensis must not modify the CILEx syllabus or

assessment requirements for the subject being examined.

9.3.14.4 Additional time will be permitted for the use of an amanuensis and

will normally be up to 25% of the prescribed duration of the test. In

exceptional circumstances 33% additional time may be granted.

9.3.14.5 An amanuensis should normally be a responsible adult who is able to

produce an accurate record of the candidate’s answers; can write

legibly, type or word-process at a reasonable speed; and should

ideally have a working knowledge of the subject being assessed.

9.3.14.6 An amanuensis should not be the candidate’s own lecturer/assessor

but there may be circumstances in which it is necessary to use the

candidate’s own lecturer/assessor in that capacity; in such cases

CILEx must be informed immediately and will determine if this

arrangement is appropriate. On no account may a relative, friend or

peer of the candidate be used as an amanuensis.

9.3.14.7 A candidate should wherever possible have adequate practice in the

use of an amanuensis.

9.3.14.8 A candidate using an amanuensis will be accommodated in such a

way that no other candidate is able to hear what is being dictated.

The amanuensis may not also act as a test supervisor.

9.3.14.9 Role of the Scribe/Amanuensis

During the assessment a scribe:

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will check with the candidate for which parts of the assessment

they wish to have their responses scribed. The candidate may

choose to write some responses him/herself;

will neither give factual help to the candidate nor offer any

suggestions;

will not advise the candidate regarding which questions to do,

when to move on to the next question, or the order in which the

questions should be answered;

will write down answers exactly as they are dictated. Where spelling

accuracy and punctuation is being tested, the scribe will follow

explicit instructions from the candidate with regard to spelling and

punctuation. The scribe will not take responsibility for spelling of

technical words;

will not assist the candidate to produce any diagrammatical or

graphical material. If assistance with this is needed, approval

must be obtained from CILEx in advance of the assessment;

may at the candidate’s request read back what has been recorded,

but no comment will be made about any part of the candidate’s

response;

will immediately refer any problems in communication during the test

to the test supervisor.

9.3.15 British sign language (bsl)/English interpreter

Where BSL is the primary means of communication for deaf or hearing impaired

candidates, these candidates may have the support of a BSL/English interpreter to

sign the questions (or part questions) where they are undertaking written

assessments.

9.3.15.1 Permission for the use of a BSL interpreter must be obtained by the


applications.

9.3.15.2 A candidate should, wherever possible, have had previous experience

of working with a BSL interpreter and should have used this

arrangement during the learning programme leading up to the test.

9.3.15.3 Arrangements will be made by CILEx to ensure that the person

providing the interpretation has supervised access to the assessment

material immediately in advance of the assessment, to prepare for

the signing.

9.3.15.4 The interpretation should not give the candidate an unfair academic

advantage and care must be taken not to indicate the meaning of

technical words, where candidates’ understanding of these words is

inherent in the purpose of the question. The interpretation should not

explain or clarify. In some instances it may be more appropriate to

finger-spell a word.

9.3.15.5 The candidate using a BSL interpreter will be accommodated

separately so as not to disturb other candidates.

9.3.15.6 The BSL interpreter may not act as invigilator.

9.3.15.7 Additional time will be permitted for the use of BSL Interpreter and

will normally be up to 25% of the prescribed duration of the test.

9.3.15.8 Role of the BSL Interpreter

The BSL interpreter:

will have supervised access to the assessment material immediately in

advance of the test to prepare for the signing;

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will not interpret technical language or give additional explanations;

may, at the candidate’s request, sign any labels or text connected with

reference material such as maps, diagrams or graphs. The candidate

should, however, study the reference material independently.

9.3.16 Prompter

Candidates with severe attention problems may benefit from the use of a prompter in

timed assessment situations to draw their attention back to the assessment task.

9.3.16.1 Permission for the use of a prompter must be obtained by the


applications.

9.3.16.2 Candidates should have adequate practice in the use of a prompter.

9.3.16.3 The use of a prompter should compensate for the barrier caused by

the disability without reducing the integrity of the academic

qualification.

9.3.16.4 For candidates where the problem is one of concentration,

consideration should be given to requesting supervised rest breaks

rather than a prompter.

9.3.16.5 A prompter should not normally be the candidate’s own lecturer/

assessor. On no account may a relative, friend or peer of the

candidate be used as a prompter.

9.3.16.6 Prompters should be sufficiently familiar with the candidate to

recognise when his or her attention is no longer on the assessment

task and that he or she is not, for example, looking away from the

paper whilst thinking.

9.3.16.7 Under no circumstances may the prompter draw the attention of the

candidate to part of the test or the candidate’s answers.

9.3.16.8 The prompter should sit near enough to be able to observe the

candidate and draw his or her attention back to the task. This should,

however, be organised as unobtrusively as possible. The candidate’s

attention may be drawn back to the task using a light tap on the

candidate’s arm or shoulder or, alternatively, the desk (though not in

a way that may be taken to indicate any part of the test). Verbal

prompting should not normally be used. The method used by the

prompter to bring back the candidate’s attention should be agreed

before the assessment between the candidate and the prompter and

must be acceptable to the CILEx. It should be noted that some

candidates with emotional and behavioural sensitivity/vulnerability

and/or mental health conditions may not be comfortable with a ‘light

tap’ prompt. A form of verbal prompting should be considered for

these candidates.

9.3.16.9 In the case of epileptic candidates where the problem is one of

temporary absenting, the normal procedure to help that candidate will

be allowed.

9.3.16.10 The prompter may not act as test supervisor.

9.3.16.11 Additional time will be permitted for the use of a prompter and will

normally be up to 25% of the prescribed duration of the test. In

exceptional circumstances 33% additional time may be permitted.

9.3.16.12 Role of the Prompter

During an assessment a prompter:

will draw the candidate’s attention back to the task in hand;

will use the method of prompting agreed with the candidate;

92

will not give factual help to the candidate or offer any suggestions;


move on to the next question, or the order in which the questions should

be done;

will be prepared for periods of inactivity during the test, but will remain

vigilant;

will immediately refer any problems during the test to the supervisor.

9.3.17 Practical Assistant

A practical assistant is a person who, during an assessment, carries out practical tasks

at the instruction of the candidate.

9.3.17.1 Permission for the use of a practical assistant must be obtained by

the candidate from CILEx prior by the deadline for reasonable

adjustment applications.

9.3.17.2 The use of a practical assistant should compensate for the barrier

caused by the disability without reducing the integrity of the

academic qualification.

9.3.17.3 The use of a practical assistant must not modify CILEx’s syllabus/

assessment requirements.

9.3.17.4 Additional time will be permitted for the use of a practical assistant

and will be normally up to 25% of the prescribed duration of the test.

9.3.17.5 A practical assistant should not normally be the candidate’s

lecturer/assessor in their subject.

9.3.17.6 During a test a practical assistant must not give factual help to the

candidate or offer any suggestions or advice;

9.3.17.7 Role of the Practical Assistant

During an assessment a practical assistant:

will follow the instructions prepared by the centre on the level and kind

of assistance that can be given to the candidate;

will ensure the safety of the candidate and those around him or her;

will not give factual help to the candidate or offer any suggestions;


move on to the next question, or the order in which the questions

should be done;

will carry out instructions exactly as they are given unless to do so

would cause a hazard. If the practical assistant does not understand the

candidate's instructions, he/she may ask for clarification but will not

lead the candidate in any way or attempt to interpret the candidate's

wishes; if incorrect or inadequate instructions are given by the

candidate this will be reflected in outcome of the assessment;

will not expect to assist the candidate throughout an assessment (there

may be parts of the assessment which the candidate can do without

help and thus gain credit for demonstrating the required skills);

will immediately refer any problems during a test to the test supervisor.

9.3.18 Transcriber

This arrangement may be used by candidates whose handwriting is illegible, but who

are unable to use a computer or dictate their responses.

The transcriber will produce a transcript to assist the examiner/assessor in the

assessment of a candidate's work. the examiner/assessor will assess the candidate's

93

work and will only refer to the transcript if it is impossible to decipher any part of the

candidate's response/s.

9.3.19.1 Permission for the use of a transcriber must be obtained by the


applications.

9.3.19.2 The use of transcriber should compensate for the barrier caused by

the disability without reducing the integrity of the academic

qualification.

9.3.19.3 Candidates should speak to their course tutor and consult cilex for

further guidance on the use of transcribers.

9.3.19.4 Role of the transcriber

The transcriber:

will produce the transcript in a separate copy of the question

paper/answer booklet or on lined or unlined white paper as appropriate;

may handwrite or word process the transcript. If handwritten, dark blue or

black ink should be used. Pencil must never be used.

will, for tests, produce the transcript immediately after the test under

secure conditions;

will not involve the candidate in the production of the transcript;

will normally transcribe complete answers. In cases where only occasional

words need to be transcribed, these may be written on a photocopy of the

candidate's script. On no account should the candidate's original script be

marked or annotated in any way;

will normally be a word-for-word transcription, i.e. an exact copy of what

the candidate has written. The transcriber will not insert or omit words or

alter their order. Any errors, including those of spelling, punctuation and

grammar, will be transcribed as given by the candidate and will not be

corrected;

will indicate any corrections to spelling on the verbatim transcript using a

different colour ink, but not red, green or purple ink. Pencil must not be

used for this purpose;

will not transcribe diagrammatical material. Assessment of such material

will be based on the candidate’s own work.

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SECTION B: SPECIAL CONSIDERATION

10 GENERAL GUIDANCE ABOUT SPECIAL CONSIDERATIONS

Online tests

10.1 Special consideration for online tests is in place for candidates who suffered a

physical or emotional difficulty or adverse circumstance at the time that they

took the online test.

10.2 Normally a candidate who faces a physical or emotional difficulty at the time

their online test is scheduled to take place should contact their accredited

centre to postpone the test to another occasion.

10.3 In the event that a candidate sits an online test but has suffered a difficulty (as

described in 11.1 below) the candidate can apply to the accredited centre for

special consideration to allow them to re-sit the test. This means that if the test

taken was a first attempt, the candidate is applying to have another first

attempt at the test and if the test taken was a re-sit, the candidate is applying

to have another re-sit of the test.

10.4 CILEx has a responsibility to ensure that the integrity of its qualifications is

upheld. The Special Consideration policy seeks to ensure that all candidates are

treated fairly and equally, whilst CILEx’s professional standards are maintained.

Written assignments

10.5 Candidates are permitted to re-do written assignments which their centre does

not consider to have met the CILEx Pass criteria. Therefore, candidates are not

able to apply for special consideration but should instead arrange with their

centre to re-do any work which has not met the Pass criteria.

11 CANDIDATES ELIGIBLE TO APPLY FOR SPECIAL CONSIDERATION

11.1 A candidate who is fully prepared for an online test may be eligible for special

consideration if:

The candidate has failed the online test. Candidates cannot apply for

special consideration if they have achieved a pass grade;

At the time that they took the test they are affected by circumstances

beyond the control of the candidate. This includes personal illness,

personal accident or injury, bereavement;

Reasonable adjustment arrangements which were agreed in advance of

the test proved inappropriate or inadequate;

11.2 A candidate will not be eligible for special consideration if:

insufficient evidence is supplied by the candidate, to confirm that they

had been affected at the time that they took the test by a particular

condition/incident/injury/bereavement;

preparation for the test is affected by difficulties during the course e.g.

disturbances through building work, lack of proper facilities, changes in

or shortages of staff, industrial disputes or inappropriate tuition;

the candidate is pregnant, however other medical conditions resulting

from pregnancy may be considered on receipt of medical evidence.

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12 APPLYING FOR SPECIAL CONSIDERATION

12.1.1 Candidates are responsible for the submission of requests for special

consideration. Candidates should ensure they are familiar with the CILEx

Special Consideration policy and should seek guidance if necessary from their

accredited centre.

12.1.2 Candidates only need to apply for special consideration if they have taken an

online test and wish to take it again because their performance was affected by

difficulties as described in 11.1 above. Candidates who postpone a test

because, at the time the test was scheduled, they are experiencing difficulties,

as described in 11.1 above, do not need to apply for special consideration but

instead should rearrange their test with their accredited centre.

12.1.3 Candidates should complete the form CILEx/SC/L3 CPS (see Appendix 2)

and submit it to their accredited centre in order to apply for special

consideration.

12.1.4 Form CILEx/SC/L3 CPS must be accompanied by appropriate documentation

e.g. a medical certificate (see Evidence to Support a Request for Special

Consideration - Section 13 below). If sufficient or appropriate supporting

documentation is not submitted the application will be rejected.

.

12.2 Deadlines for Special Consideration Applications

The special consideration application form and supporting evidence must be

sent to candidate’s accredited centre as soon as possible and no later than 3

weeks after the online test was taken.

Any applications received more than 3 weeks after the online test was taken

will NOT be considered.

13. EVIDENCE TO SUPPORT A REQUEST FOR SPECIAL CONSIDERATION

13.1 The onus is on the candidate to provide sufficient and appropriate supporting

evidence for all requests for special consideration.

13.2 In the event of an illness related complaint or similar, the candidate must

provide written evidence produced by independent, authoritative, external

specialists, for example a Doctor, psychologist etc. This could take the form of

medical, psychological or professional documentation, reports or assessments.

The documentation should state the name, title and professional credentials of

the person who carried out the assessments and wrote the report. The report

should set out the nature of the complaint and the extent to which the

candidate was affected at the time of the assessment, including the effects of

any medication that the candidate may be taking.

14. DECISIONS ON SPECIAL CONSIDERATION REQUESTS

14.1 The candidate’s accredited centre will decide whether the evidence presented

by the candidate is sufficient to approve the special consideration request. If a

request is approved, the candidate will be permitted a repeat attempt at the

online test. This means that if the candidate was applying for special

consideration for a test which was the candidate’s first attempt at the test, a

further first attempt at the test will be permitted. However, if the candidate

was applying for special consideration for a test which was a re-sit, the

candidate will be permitted a further re-sit test.

14.2 The accredited centre will report special consideration applications and their

outcomes to CILEx for monitoring purposes.

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15 SPECIAL CONSIDERATION APPEALS

Candidates wishing to appeal the outcome of a special consideration application are

entitled to do so. These appeals are considered by the CILEx Independent Review

Panel.

In order to appeal a special consideration decision, candidates must write to the

Awards Department at CILEx within 3 weeks of receiving the decision on their special

consideration application from their centre. The candidate must state in writing that a

special consideration appeal is being sought and provide details of the test to which

the application relates. Candidates are not permitted to submit any additional

evidence or supporting documentation as part of the appeals process.

The role of the Independent Review Panel is to re-consider the original request for

special consideration, the supporting documentation submitted at the time of the

request (and prior to the deadline, as set out in Section 12.2) and the rationale for the

centre’s decision on the application.

The Independent Review Panel determines whether or not to uphold the candidate’s

appeal. In the event that the appeal is upheld, the Independent Review Panel will

instruct the centre to permit the student to take a further online test (either as a first

attempt or a re-sit, as applicable).

The Independent Review Panel’s decision is final and no further requests for an appeal

of the special consideration decision will be considered.

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Appendix 1

CILEx/RA/L3 CPS

LEVEL 3 CERTIFICATE IN KNOWLEDGE OF CRIMINAL PROSECUTION

PROCEDURES

APPLICATION FOR REASONABLE ADJUSTMENTS 2012/2013

Name:

Online tests/Assessments for which application is made:

Unit Date of online test, where applicable

Please provide specific reasons and full details for the application FOR REASONABLE

ADJUSTMENTS

Please check the boxes as appropriate:

Medical evidence accompanies this form:

98

Please note that it is your responsibility to ensure that you provide relevant medical

evidence in support of your application

Other evidence accompanies this form:

Please note that it is your responsibility to ensure that you provide relevant evidence

in support of your application

Additional details of evidence attached:

Please provide a specific example(s) of the reasonable adjustments required, for

example, additional time/ rest breaks etc.

Declaration

I confirm that the information provided on this form is accurate.

Signature: ____________________________ Date: ________________________

This form and the associated supporting documentation must be returned to

the CILEx Awards Department by the deadline set out in the Qualification

Schedule.

FOR OFFICE USE ONLY

ACK

99

Appendix 2

CILEx/SC/L3 CPS

LEVEL 3 CERTIFICATE IN KNOWLEDGE OF

CRIMINAL PROSECUTION PROCEDURES

APPLICATION FOR SPECIAL CONSIDERATION 2012/13

Name

Online test for which application is made:

Name of test Date of test

Please provide specific reasons and full details for the application FOR SPECIAL

CONSIDERATION

Please check box as appropriate:

Medical evidence accompanies this form:

Please note that it is your responsibility to ensure that you provide relevant medical evidence in support of your application

Other evidence accompanies this form:

Please note that it is your responsibility to ensure that you provide relevant evidence in support of your application

Additional details of evidence attached:

100

Declaration

I confirm that the information provided on this form is accurate.

Signature: __________________________ Date: _________________________

This form and the associated supporting documentation must be returned to

your accredited centre no later than 3 weeks after the online test was taken.

FOR OFFICE USE ONLY

ACK

V13 Sept 2013

CILEx Level 3 Certificate in Knowledge of Criminal ... Level 3 Certificate in...2.2 The level of the qualification The Certificate in Knowledge of Criminal Prosecution Procedures has

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