Closed Consultation

Higher rights of audience

23 December 2008

Standards for solicitor higher courts advocates and outline proposals for a new accreditation scheme

The deadline for submission of responses to this consultation paper was 25 July 2008. We have analysed the responses, and a report (published in December 2008) is available to download.

See more-recent information about our accreditation proposals

The information below is for reference purposes only.

We are developing a new accreditation scheme for solicitors and registered European lawyers (RELs) wishing to exercise rights of audience in the higher courts of England and Wales. This consultation seeks views on the competence standards for solicitor higher courts advocates, and sets out the outline proposals for the operation of the scheme.

Subject to approval under the Courts and Legal Services Act 1990 Schedule 4 procedure, the proposed scheme will replace the current qualification regime under the Higher Courts Qualification Regulations 2000.

The consultation paper sets out the background to the current scheme and the proposals for the new scheme; the objectives, scope and key principles which will form the basis of the new scheme are clearly outlined.

We propose to introduce revised competence standards for solicitor advocates in the higher courts of England and Wales. We intend that these standards will be the benchmark against which the performance of all solicitors appearing before the higher courts can be objectively judged—irrespective of whether or not they choose to be accredited under the new scheme. The standards will be set at the level of competent higher courts advocate.
Solicitors who wish to demonstrate their competence as higher court advocates may do so by being accredited using the new scheme.
We will no longer prescribe additional training requirements for solicitors seeking qualification to advocate before the higher courts.
The scheme will provide for assessment and registration in all proceedings in the higher courts, or, alternatively, a solicitor may opt to specialise in criminal (including defence and prosecution) or civil (including family proceedings) higher courts proceedings. The scheme will require completion of objective assessments provided by authorised external assessment organisations.
The scheme will aim to be compatible with any quality assurance requirements made by procurers.
The assessment organisations will be validated and monitored under the SRA's common framework for the authorisation and monitoring of providers.
A process to enable those solicitors who have already achieved a higher courts qualification under the current scheme to be transferred on to a new register of accredited Solicitor Higher Courts Advocates.

In early 2007, we consulted with the profession and other stakeholders on the future of the higher courts qualification scheme. Following consideration of the responses in April 2007, the SRA Board decided

to recommend to the Lord Chancellor that Regulation 6 (accreditation route) and Regulation 7 (exemption route) of the current Higher Courts Qualifications Regulations 2000 should be extended until the end of 2008 (the extension was approved by the Ministry of Justice in December 2007),
that a voluntary accreditation scheme should be developed to replace the existing compulsory scheme from 1 January 2009,
to recommend to the Lord Chancellor that the current Regulations should be repealed from the end of 2008 and that all solicitors should have and be entitled to exercise rights of audience in all courts from the date of admission and subject to the provisions of the Solicitors' Code of Conduct 2007.

This consultation paper sets out the outline proposals for the new scheme and the standards against which solicitors who wish to advocate before the higher courts will be assessed. It is also the intention that the standards will in future be used as the benchmark for all solicitors who advocate before the higher courts whether or not they choose to be accredited.

We now seek the views of practitioners and stakeholders on

the appropriateness of the standards and performance indicators,
outline proposals for the operation of the scheme, and
proposed changes to the Solicitors' Code of Conduct 2007 guidance on rule 2 and/or rule 11.

Downloadable document(s)

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