Solicitors' Higher Rights of Audience Regulations
Application guidance
Last updated 10 December 2010
Introduction
The Solicitors' Higher Rights of Audience Regulations 2010 ("the Regulations") replaced the Higher Courts Qualification Regulations 2000 on 1 April 2010 .
The SRA may grant rights of audience in the higher courts to solicitors in the civil and/or criminal courts.
Background
All solicitors currently have full rights of audience in
- Tribunals
- Coroners Courts
- Magistrates Courts
- County Courts
- European Courts
Solicitors often brief barristers to represent their clients if a case is going to the higher courts. However, solicitors may also apply for rights of audience in the higher courts to allow them to offer a complete service to their clients. They can gain rights of audience to appear in the following courts:-
- Crown Court
- High Court
- Court of Appeal
- Supreme Court
The regulations
The Solicitors' Higher Rights of Audience Regulations 2010 are available on our website.
Civil award
Solicitors or Registered European Lawyers (RELs) can apply to the SRA for rights of audience in all civil proceedings in the higher courts, including judicial review proceedings in any court arising from any criminal cause.
Criminal award
Solicitors or RELs can apply to the SRA for rights of audience in all criminal proceedings in the higher courts and judicial review proceedings in any court arising from any criminal cause.
The application form
Section 1 – Personal details
Surname, Forename—Please enter these details clearly. Your name should be printed as it appears on the SRA register and your admission to the roll certificate. The register requirements are detailed in Regulations 10 and 11 of the SRA Practising Regulations 2010.
Address and contact details—We may need to contact you during the processing of your application. Please complete the required information.
Section 2 – Application
Please indicate which award you wish to apply for: Civil or Criminal. Please note you can apply for both awards on one application. If you apply for one award and in future wish to apply for the other, you will need to make a new application which will be subject to the relevant fee.
When applying under Rule 5, "Qualification gained in another jurisdiction", you must demonstrate how you have satisfied our competence standards through your training and qualification. The standards can be found at www.sra.org.uk/solicitors/accreditation/higher-rights/competence-standards.page. We would suggest that you submit your evidence using the headings in the standards as a template, identifying which element of your qualification covers each standard. You should also submit and reference any documents you think will provide evidence to support your application. Please be aware that each application will be considered individually on its merits against the competence standards and in light of the evidence provided.
Transitional arrangements
Prior to completing Section 3, please consult the Regulations to ensure you have met the requirements under the transitional arrangements.
Section 3 – Declaration
Please sign and date the declaration. If the declaration is not completed, your application will be returned to you.
Section 4 – Application checklist
Please ensure you have completed Section 4 on the final page of the application form.
Section 5 – Fees
You can pay the full amount of the application fee (£75), by cheque, postal order, bank transfer or credit card.
Please note there will be a handling charge of 1.75% for MasterCard/ Visa/ Maestro/ Delta/ Electron payments, and that we do not accept Diners or American Express. Please complete the credit/debit authorisation form (enclosed with the application form) if you wish to pay by credit/debit card and return it with your application form.
If the credit card authorisation/cheque is not signed or payment is not enclosed, we will return your application to you. You may also pay by cash at your own risk, but the SRA will not accept responsibility for monies that we do not receive.
Paying by cheque
Please make your cheque payable to The Law Society and write your individual SRA number on the back of the cheque. All foreign cheques need to be endorsed, i.e. signed and dated on the reverse by the drawer. Please note that it may take up to eight weeks for a foreign cheque to clear our account and your application will not be processed until cleared funds have been received.
The SRA does not issue receipts for application forms or cheques.
Supporting documentation required
Please ensure you have completed Section 4 on the final page of the application form. Other documentation that is also required (dependent on your application):
- A. If your name has changed since your Admission to the Roll of Solicitors and you have not notified the SRA . please provide evidence of this, for example a certified copy of your marriage certificate, change of name deed or a statutory declaration.
- B. Evidence that you have completed the requirements under the Regulations. Please see a breakdown of required documents per route below.
The Regulations 2010
Please provide a certified copy of evidence that you have passed the advocacy assessment. Please note the SRA may verify this information with the course provider as necessary.
The Regulations 2010 – transitional arrangements
Development route
Please provide a certified copy of evidence that you have passed Stage 1 – Procedure, Ethics & Evidence, and Stage 2 – Advocacy. If you are an admitted solicitor, you may apply for your higher rights of audience if you can evidence that you have passed both stages prescribed by the 2000 regulations.
If you have completed Stage 1 prior to the implementation of the 2010 regulations, but not stage 2, you have until 1 April 2012 to complete stage 2 and submit your application.
Your application must be made within 24 months of the start of the 2010 regulations.
If you are a non-practising Barrister and are applying for higher rights, you must provide a certified copy of your BVC certificate. Under the transitional arrangements you have until 5 years from the BVC award date to submit your portfolio.
If you are submitting a portfolio you will need to include the following:
- Development route portfolio front sheet,
- Development route certificate of satisfactory completion, and
- An assessment of the applicant, completed and signed by their mentor.
Accreditation route
Please provide evidence that you have completed the requirements as indicated on your Certificate of Eligibility, prior to its expiry date. You are not required to submit a new application form.
There is no provision for the SRA to grant an extension to the certificate of eligibility.
Exemption route
If you have previously made an application for this route under the 2000 regulations and have conditions to satisfy, you may complete your application within 12 months of the coming into force of the regulations 2010.
Please provide evidence that you have satisfied the conditions as required. You are not required to submit a new application form.
Former barrister route
There are no transitional arrangements for this route, which is no longer available.
Frequently asked questions
General questions on eligibility and application procedure
Who can apply?
Under the Solicitors' Higher Rights of Audience Regulations 2010, solicitors and Registered European Lawyers can apply for their rights of audience.
Who are the assessment providers?
A full list of the authorised assessment providers is available on our website.
Can I complete the assessment before I am admitted?
Yes. However, you cannot be awarded your Higher Rights of Audience until you are admitted to the Roll of Solicitors.
Where do I send my completed application?
Please return completed application forms to:
Caseworking and Applications Unit
Solicitors Regulation Authority
Ipsley Court
Berrington Close
Redditch
B98 0TD
Or
DX 19114 Redditch
How can I pay?
Please see Section 5 of these guidance notes.
How quickly will my application be dealt with?
If you have completed the advocacy assessments under the 2010 regulations and you apply on the new application form, your application will normally be dealt with within 30 days of receipt of all the necessary information.
What will I receive?
Once your application has been processed and granted, you will receive a covering letter and a certificate confirming the award of Higher Rights of Audience, appropriate to the award you have chosen. If you have applied for the both the Civil and Criminal awards you will receive two separate certificates.
What type of award will be available under the 2010 regulations?
There are separate awards and assessments for rights of audience for criminal and civil advocacy.
Duplicate certificates
If you require a duplicate Higher Rights of Audience award certificate, please contact cau@sra.org.uk. Such a request will be subject to a fee of £50.