*/
Barristers, including QCs, will be required to undergo a compulsory re-accreditation process every five years under proposals for a new criminal advocacy assurance scheme that is due to begin next July.
In its consultation paper, launched in August, the Joint Advocacy Group (“JAG”) said it was “important for the credibility of the scheme for QCs to be involved.
“The award of a mark of excellence by an independent body is separate from a regulatory quality assurance scheme which is assessing threshold standards”.
The scheme will apply to all criminal advocates, including legal executives, and is the joint initiative of the Bar Standards Board, Solicitors Regulation Authority and Ilex Professional Standards.
Advocates will be assigned one of four levels. Level one covers advocacy in the magistrates’ court, level two applies to the higher courts, level three covers complex advocacy in the Crown Court and level four covers the most complex Crown Court cases and appeals.
Assessment at the two highest levels will “need to be particularly robust” and will require judicial evaluation, JAG said.
The scheme includes a “traffic lights” system of warnings and concerns, under which judges can identify poor performing advocates and recommend them for further training.
Judges of Circuit judge level and above will be expected to take part. JAG acknowledges that judges have “historically” been “reluctant to identify” poor advocacy, and suggests a “programme of education and publicity coupled with senior judicial direction” can counter this.
While judges have been “largely non-interventionist”, JAG points out that they have reported “feeling increasingly constrained and frustrated at their inability to deal with advocacy standards”.
Advocates will be given three years from the start of the scheme to complete their re-accreditation process, and should “self-assess” in the meantime to decide on the level at which they currently practise.
Barristers have until 12 November 2010 to respond to the consultation.
In its consultation paper, launched in August, the Joint Advocacy Group (“JAG”) said it was “important for the credibility of the scheme for QCs to be involved.
“The award of a mark of excellence by an independent body is separate from a regulatory quality assurance scheme which is assessing threshold standards”.
The scheme will apply to all criminal advocates, including legal executives, and is the joint initiative of the Bar Standards Board, Solicitors Regulation Authority and Ilex Professional Standards.
Advocates will be assigned one of four levels. Level one covers advocacy in the magistrates’ court, level two applies to the higher courts, level three covers complex advocacy in the Crown Court and level four covers the most complex Crown Court cases and appeals.
Assessment at the two highest levels will “need to be particularly robust” and will require judicial evaluation, JAG said.
The scheme includes a “traffic lights” system of warnings and concerns, under which judges can identify poor performing advocates and recommend them for further training.
Judges of Circuit judge level and above will be expected to take part. JAG acknowledges that judges have “historically” been “reluctant to identify” poor advocacy, and suggests a “programme of education and publicity coupled with senior judicial direction” can counter this.
While judges have been “largely non-interventionist”, JAG points out that they have reported “feeling increasingly constrained and frustrated at their inability to deal with advocacy standards”.
Advocates will be given three years from the start of the scheme to complete their re-accreditation process, and should “self-assess” in the meantime to decide on the level at which they currently practise.
Barristers have until 12 November 2010 to respond to the consultation.
Barristers, including QCs, will be required to undergo a compulsory re-accreditation process every five years under proposals for a new criminal advocacy assurance scheme that is due to begin next July.
The beginning of the legal year offers the opportunity for a renewed commitment to justice and the rule of law both at home and abroad
By Louise Crush of Westgate Wealth Management sets out the key steps to your dream property
A centre of excellence for youth justice, the Youth Justice Legal Centre provides specialist training, an advice line and a membership programme
By Kem Kemal of Henry Dannell
By Ashley Friday of AlphaBiolabs
Providing bespoke mortgage and protection solutions for barristers
Joanna Hardy-Susskind speaks to those walking away from the criminal Bar
From a traumatic formative education to exceptional criminal silk – Laurie-Anne Power KC talks about her path to the Bar, pursuit of equality and speaking out against discrimination (not just during Black History Month)
James Onalaja concludes his two-part opinion series
Yasmin Ilhan explains the Law Commission’s proposals for a quicker, easier and more effective contempt of court regime
Irresponsible use of AI can lead to serious and embarrassing consequences. Sam Thomas briefs barristers on the five key risks and how to avoid them