Higher rights of audience
Last updated 9 April 2010
Introduction
The Solicitors' Higher Rights of Audience Regulations 2010 came into effect on 1 April 2010. They replace the Higher Courts Qualification Regulations 2000.
View the Solicitors' Higher Rights of Audience Regulations 2010 with 1 April changes highlighted
How does the new scheme work?
- There are separate awards for rights of audience for criminal and civil advocacy.
- There is only one route to qualification in either civil or criminal proceedings.
- The new scheme requires all applicants to pass an advocacy assessment based on the SRA's higher rights of audience competence standards.
- There is no mandatory training or experience requirement.
- Transitional arrangements are in place for solicitors in the process of applying under the 2000 regulations.
- Assessments under the new scheme are run by assessment organisations authorised by the SRA.
- Solicitors who have already gained rights of audience qualifications have been automatically passported onto the new scheme and retain their existing rights of audience.
What happens to people who have completed part of the existing system under the 2000 Regulations?
The new regulations have transitional arrangements to cover people who have taken assessments under the 2000 regulations.
Documents
Frequently asked questions
General questions on eligibility and application procedure
How do I apply for my rights of audience?
There is one application form which will allow you to make an application under the new regulations or under the transitional arrangements which form part of the new regulations.
If you have completed the advocacy assessment 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.
If you are applying under the transitional arrangements your application may take a little longer to allow us to complete an assessment.
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.
When can I make an application for higher rights of audience under the 2010 regulations?
You can apply for your higher courts qualification once you have been admitted and can evidence that you have passed the advocacy assessments.
I am a trainee solicitor – can I take the new assessments?
The regulations do not prevent trainee solicitors from sitting the assessments. As there is no experience or mandatory training requirement, if a trainee solicitor decides to take the assessment he/she must be able to demonstrate the required practical advocacy skills. It is recommended that a trainee solicitor should have, at the very least, completed and passed the advocacy module of the LPC before attempting the assessment(s). You will be able to apply for your higher rights of audience when you have been admitted as a solicitor.
Do I need to undertake any mandatory training?
No. The 2010 regulations do not require you to undertake any training.
However, you may decide that you need to undertake some additional training which will be offered by assessment organisations. Alternatively, you may feel that you have gained sufficient experience to be able to pass the advocacy assessment. This will be for you to decide.
What is included in the new assessment?
The assessment under the 2010 regulations will test all parts of the standards for either the criminal or civil award. This will include procedure, evidence and ethics and an advocacy assessment by way of a case study or simulation. Applicants will be assessed separately for the civil award or the criminal award.
Is there an experience requirement?
No. Under the2010 regulations, there is no experience requirement. Provided you are admitted as a solicitor and have passed the advocacy assessment you can make an application.
Do I need a certificate of eligibility from the SRA to take the new assessment?
No. You will be able to register with an assessment organisation to take the new assessment. Once you have passed the assessment you may submit your application for your award .
Existing holders of higher courts qualifications
I was awarded higher rights of audience under previous regulations. What effect will the new regulations have on my existing rights?
You will retain your existing rights of audience and be "passported" into the new scheme. You will not be required to re-apply. You will receive notification that you have been passported.
However, you should be aware that the SRA is working together with the Bar Standards Board with a view to reaching common agreement on the issue of re-accreditation. This may result in a review of the requirements for all holders of higher rights of audience at some point in the future.
I was awarded higher rights of audience under previous regulations. Am I required to complete the mandatory five hours CPD requirements in the five years following the award?
Yes. You must fulfil this requirement which has also been retained in the 2010 regulations.
Transitional arrangements
Development route
I have started the development route and completed the training and assessments for Evidence, Procedure and Ethics prescribed for this route under the 2000 regulations, but I have not completed my portfolio. Do I have to complete the portfolio to apply under the new regulations?
No. Once the new scheme is in force, if you are an admitted solicitor, you may apply for your higher rights of audience if you can evidence that you have completed Evidence, Procedure and Ethics (Stage 1) and Advocacy (Stage 2) as prescribed by the 2000 regulations. Your application must be made within 24 months of the coming into force of the 2010 regulations. If you applied before the introduction of the new scheme, you will still be required to complete the portfolio under the requirements of the 2000 regulations.
I am an admitted solicitor who has undertaken the training and assessment in Evidence, Procedure and Ethics for the purposes of working towards gaining a higher court qualification under the development route. I have not yet passed the advocacy assessment. What can I do to gain my higher rights?
Under the transitional arrangements, if you have passed the assessment for Evidence, Procedure, and Ethics prior to 1 April, but not the Advocacy test, you will have 24 months from the date the 2010 regulations come into effect to pass the outstanding assessment. Assessment organisations will continue to offer the assessments to allow applicants to complete this route.
If you have not completed the outstanding assessment by the end of this transition period you will have to undertake the new assessment in its entirety. You would not have to complete the portfolio.
I am a trainee solicitor who has undertaken the training and assessment in Evidence, Procedure and Ethics as part of a Professional Skills Course (PSC) elective and for the purposes of working towards gaining a higher court qualification under the development route. I have not yet passed the advocacy assessment. What can I do to gain my higher rights?
Under the transitional arrangements, if you have passed the assessment for Evidence, Procedure, and Ethics but not the Advocacy test, you will have 24 months from the date the 2010 regulations come into effect to pass the outstanding assessment. Training providers will continue to offer the assessments to allow applicants to complete this route.
However, you will not be able to apply under the new scheme until you are admitted as a solicitor. If you have not completed the outstanding assessment by the end of this transition period you will have to undertake the new assessment in its entirety. Again, you would not have to complete the portfolio.
As a trainee solicitor I undertook and passed the training and assessments for Evidence, Procedure and Ethics under the 2000 regulations. I have not yet been admitted and will be unable to complete a portfolio before the 2010 regulations come into effect. How can I gain my higher rights of audience?
Under the transitional arrangements if you have passed both parts of the assessments under the 2000 regulations, this will satisfy the requirements of the 2010 regulations. You will be able to apply for your higher rights as soon as you have been admitted and can evidence that you have passed the assessments.
I am a barrister who did not complete pupillage who has now been admitted to the Roll of Solicitors. Do I have to take the new assessments?
You may claim exemption from the Stage 1 and Stage 2 assessments of the Development Route under the 2000 Regulations. To benefit from this concession, which was agreed by the Higher Courts Qualification Committee you must complete a portfolio and apply to the SRA within five years of the award date of your BVC.
If you have not completed your portfolio and made an application within this timeframe, you must complete the new style advocacy assessments under the 2010 regulations.
I am a non-practising barrister who did not complete pupillage and I am due to be admitted as a solicitor after the new regulations come into effect. Do I have to take the new assessment?
Yes. However, under the transitional arrangements, if you transfer within five years of completing the BVC, you will be eligible to claim an exemption from the assessment and only complete a portfolio, provided the BVC was completed prior to 1 April 2010.
I will complete the BVC after 1 April 2010. If I subsequently transfer to the Roll of Solicitors will I have to take the new assessments?
Yes. If you do not complete pupillage, you will have to take the new assessments to gain your higher rights of audience.
Accreditation route
Under the 2000 Regulations I was granted a certificate of eligibility to sit an advocacy test. Can I complete this or do I have to take the new test?
If you have a valid certificate of eligibility, you may sit the test by the expiration date of your certificate and apply for your higher rights of audience within the transition period. Training providers will continue to offer the assessments to allow applicants to complete this route.
If you are unable to sit the test before the certificate expires, you will be required to take the new assessments and make a fresh application under the 2010 regulations and pay the relevant fee. There is no provision for the SRA to grant an extension to the certificate of eligibility. If you wish, you may withdraw your application under the 2000 regulations and take the new assessment(s), submit an application under the 2010 regulations and pay the relevant fee.
Exemption route
Are there any transitional arrangements for this route?
This route will end once the new regulations come into effect. However, 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 2010 regulations.
Former barrister route
Are there any transitional arrangements for this route?
No. This route will disappear once the new regulations come into effect.
Barristers with existing higher rights of audience who are preparing to transfer to the solicitors' profession
I am in the process of transferring to the solicitors' profession. At what point do I have to apply to retain my existing higher rights of audience?
When you apply to be admitted to the Roll of Solicitors. You will be asked to declare on your application for admission (A1) that you were formerly a barrister with higher rights of audience and with no disciplinary proceedings in progress. If you provide this information at the point of admission, the SRA will automatically award your solicitors' higher rights.
Continuing professional development
The 2010 regulations refer to a requirement to undertake at least five hours continuing professional development (CPD) relating to advocacy in the higher courts in each of the first five years following the award of the qualification. What does this mean and when do I have to start this CPD?
This requirement is not in addition to a solicitor's compulsory CPD requirement, currently 16 hours per annum. It applies to all solicitors who gain the award under the 2000 and 2010 regulations and commences the CPD year following the year in which the qualification was awarded. It is up to the individual to decide what their training needs are in relation to the advocacy services they provide. Therefore, the training may be advocacy training, training on new procedures or on substantive law if relevant to higher court practice.
I have obtained my higher rights of audience by qualifying through the Qualified Lawyers Transfer arrangements with a comparable qualification from another jurisdiction – when does my five year CPD requirement commence?
The five-year period commences from the date you first undertake advocacy within the higher courts of England and Wales.
Useful links
Bar Council
The General Council of the Bar is the representative body for barristers in England and Wales.
BSB
The Bar Standards Board (BSB) is the regulatory body for barristers in England and Wales.
SAHCA
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.