Higher rights of audience
About higher rights
There are three categories of higher rights qualification.
Higher Courts All Proceedings
The solicitor can exercise rights of audience in all proceedings before all the higher courts in England and Wales.
Higher Courts Civil Proceedings
The solicitor can exercise rights of audience in all civil proceedings in the higher courts of England and Wales, including judicial review proceedings in any court arising from any criminal cause.
Higher Courts Criminal Proceedings
The solicitor can exercise rights of audience in all criminal proceedings in the higher courts and judicial review proceedings in any court arising from any criminal cause in England and Wales.
Solicitors apply for higher rights qualifications through one of four routes. Select a route from the following list to learn more about qualifying.
Development route
Accreditation route
- Is the accreditation route right for me?
- How can I become qualified?
- Where can I do the advocacy assessment?
Exemption route
Former barrister route
Higher rights of audience is a one-off qualification that lasts a lifetime. There is no re-accreditation requirement.
If a solicitor takes an extended break from practice, they can still appear before the higher courts on their return to practice, subject to the provisions of rule 11 of the Solicitors' Code of Conduct.
Higher Courts Qualification Casework Committee scheduled meetings
The Higher Courts Qualification Casework Committee (HCQCC) decides all applications, except for development route applications.
Cut-off dates for receiving applications
Applications and references must be received by the SRA's Redditch office at least 10 working days before the planned meeting—to allow time to prepare the agenda and give time for committee members to view it. Therefore, if you are sending in your application with references close to the cut-off date, you should send it direct to the Professional Competence Team in Redditch.
Applications without references attached should be sent at the earliest opportunity to give both the SRA and the referees time to deal with the issue of references.
The next meeting of the Higher Courts Qualification Committee is scheduled to be held on 5 November 2008. The cut-off date for submission of completed applications for consideration at the next meeting is 8 October 2008.
Frequently asked questions
Download frequently asked questions (PDF 49K) about the process of gaining rights of audience in the higher courts.
Useful links
The General Council of the Bar is the representative body for barristers in England and Wales.
The Bar Standards Board (BSB) is the regulatory body for barristers in England and Wales.
The Solicitors' Association of Higher Court Advocates (SAHCA) is a national association that represents the interests of solicitors who practise as advocates in the higher courts.
Download forms and documents for solicitors
- Higher Rights of Audience: Guidance notes for solicitors who wish to apply for rights of audience in the higher courts (PDF 76K)
- Higher Rights of Audience: Introduction to gaining higher rights of audience (PDF 31K)
- Applications under the Higher Courts Qualification Regulations 2000: Frequently asked questions (PDF 49K)
- Higher Courts Qualification Regulations 2000: Approved course providers (PDF 18K)
- Higher Rights of Audience: Accreditation route civil questionnaire (PDF 36K)
- Higher Rights of Audience: Accreditation route criminal questionnaire (PDF 35K)
- Higher Courts Qualification Regulations 2000: Application for a certificate of eligibility under the accreditation route (PDF 22K)
- Higher Courts Qualification Regulations 2000: Application for the award of a Higher Courts Qualification under the development route (PDF 34K)
- Rights of Audience in the Higher Courts: Guidance on the role of mentor and the development of the portfolio (PDF 38K)
- Higher Rights of Audience: Development route suggested portfolio form (PDF 23K)
- Higher Courts Qualification Regulations 2000: Application for the award of higher courts qualification under the exemption route (PDF 27K)
- Higher Courts Qualification Regulations 2000: Application for the award of a Higher Courts Qualification for former barristers (PDF 35K)
Gaining higher rights
The award of a higher rights of audience qualification is governed by the Higher Courts Qualification Regulations 2000 (PDF 76K).
The Higher Courts Qualification Casework Committee decides all applications, except development route applications.
Download detailed guidance (PDF 76K) designed for solicitors who are considering applying for a higher rights qualification. Matters addressed include the following:
- routes to qualifying,
- barristers transferring to become solicitors,
- the way in which applications are considered,
- dates for committee meetings,
- steps you can take to expedite the application process.
Continuing professional development
Solicitors and Registered European Lawyers who have gained a higher courts advocacy qualification must undertake regular continuing professional development (CPD) training.
They must complete at least five hours of CPD that is relevant to their higher court practice every year during the five-year period subsequent to the award of the qualification.
Development route
Is the development route right for me?
The development route is for applicants who either
- cannot satisfy the experience requirements of the accreditation route or the exemption route, or
- have not been practising as a solicitor or barrister for the past three years or more.
The development route particularly applies to
- trainee solicitors, and
- newly admitted solicitors.
Applicants must complete training and assessments in procedure, evidence, ethics and advocacy. They must also prepare a portfolio of cases that they have handled during a 12-month period, while working with a nominated mentor.
How can I become qualified?
If you wish to pursue the development route, download the following documentation:
- Professional accreditation schemes: Application criteria and guidance notes (PDF 80K)
- Development route application form (PDF 34K)
- Mentor and portfolio-completion guidance notes (PDF 38K)
- Development route portfolio front sheet (PDF 23K)
- Development route portfolio suggested chapter (PDF 23K)
- Development route certificate of satisfactory completion (PDF 23K)
Applications must be accompanied by a development route certificate of satisfactory completion (PDF 23K) and an assessment of the applicant—completed and signed by their mentor.
Accreditation route
Is the accreditation route right for me?
The accreditation route is designed for solicitors who
- have practised as a solicitor for at least three years,
- do not have the experience required to qualify via the exemption route, and
- can demonstrate that they have acquired a sound understanding of the procedure, evidence and ethics applicable in the type of proceedings with respect to which they seek rights of audience.
How can I become qualified?
Accreditation route applicants must first apply for an accreditation route certificate of eligibility (PDF 22K). Applicants granted a certificate may attempt the advocacy assessments for the higher rights award they seek.
If you wish to pursue the accreditation route, please download Professional accreditation schemes: Application criteria and guidance notes (PDF 80K) and the relevant questionnaire(s):
- Accreditation route civil proceedings questionnaire (PDF 36K)
- Accreditation route criminal proceedings questionnaire (PDF 35K)
Use the questionnaire(s) to detail your experience and recent training.
Where can I do the advocacy assessment?
Advocacy assessments are administered on the SRA's behalf by approved course providers. Download a list of course providers (PDF 18K).
Exemption route
Is the exemption route right for me?
The exemption route is for solicitors who
- have practised as a solicitor for at least three years, and
- can demonstrate experience of advocacy (relevant to the award for which they apply) in the higher courts of England and Wales, or can demonstrate experience of advocacy (relevant to the award for which they apply) in the higher courts of a comparable jurisdiction.
For example, a criminal award applicant must prove they have relevant experience in the Crown Court and in higher courts generally in criminal matters (Courts Martial experience is also considered appropriate for the criminal award).
How can I become qualified?
If you wish to pursue the exemption route, download Professional accreditation schemes: Application criteria and guidance notes (PDF 80K) and an exemption route application form (PDF 27K).
Former barristers
Is the former barrister route right for me?
The former barrister route is for any solicitor who
- is a former barrister,
- transferred to the solicitors' profession prior to 31 July 2000,
- held higher rights of audience at the time of transferring to the solicitors' profession, and
- has recent advocacy experience.
Barristers transferring to the roll of solicitors after 31 July 2000 automatically carry over their rights of audience.
How can I become qualified?
Former barrister route applicants must obtain a certificate from the General Council of the Bar confirming that they
- held higher rights of audience prior to their transfer to the solicitors' profession, and
- were not subject to disciplinary proceedings.
If you wish to pursue the former barrister route, download the Professional accreditation schemes: Application criteria and guidance notes (PDF 80K) and a former barrister route application form (PDF 35K).