Obtaining Higher Rights
The Solicitors' Higher Rights of Audience Regulations 2010 came into effect on 1 April 2010. They replace the Higher Courts Qualification Regulations 2000. Under the new regulations there is only one route to obtaining qualification for higher courts advocacy by way of assessment. There are separate assessments in civil and criminal and both must be passed to hold higher rights in all courts.
The assessments are carried out by assessment providers authorised by the SRA. There is no mandatory training or experience criteria. The assessment under the [2010] regulations will test all parts of the standards for either the criminal or civil award. This includes procedure, evidence and ethics and an advocacy assessment by way of a case study or simulation.
The transitional arrangements for those who have already embarked on the qualification process under the 2000 Regulations mean that once both assessments have been passed an admitted solicitor can apply for higher rights under the new scheme without having to complete the 12 month advocacy period under the guidance of a mentor. A trainee solicitor who has undertaken and passed the training and assessments for Evidence, Procedure and Ethics under the 2000 regulations will be able to apply for higher rights as soon as they are admitted.
The requirement to undertake 5 hours CPD in advocacy issues in the first five years following the award of higher rights of audience is retained in the 2010 regulations.
Those with existing higher rights have been ‘passported’ onto the new scheme. However, re-accreditation is still an issue following the SRA consultations last year. The SRA is working together with the Bar Standards Board with a view to reaching common agreement on the issue of re-accreditation.