Solicitor-advocates and barristers could be forced to work for longer in the lower courts before being granted higher court rights, under proposals put forward by the Joint Advocacy Group (JAG).

At present, solicitors can appear in the higher courts after completing the Higher Rights of Audience assessment, and barristers can appear after completing the New Practitioner Programme.

However, the JAG this week recommended that all advocates should work for at least nine months in magistrates' courts before practising in higher courts – meaning that solicitors will have to wait a minimum of nine months to practise in higher courts after obtaining higher rights; and barristers, a minimum of three months after completing a 12-month pupillage.

Under the JAG’s plans to develop a quality assurance scheme for criminal advocacy, four levels of criminal advocate will be introduced, a ‘traffic light’ system will be launched to weed out underperformance, and all advocates – including Queen’s Counsel – will be subject to compulsory reaccreditation every five years.

The scheme is likely to impact most on the 8,500 advocates with criminal higher court rights of audience, although it affects all advocates with rights of audience. Each advocate will be responsible for the cost of accreditation.

The Solicitors Regulation Authority, Bar Standards Board and ILEX Professional Standards established the JAG to develop the quality assurance scheme, which will be introduced in July 2011. A JAG consultation on the plans closes on 12 November.

The JAG said in the consultation paper: ‘It is arguable that the funding mechanisms adopted by the Legal Services Commission and the rates of pay are failing to secure the quality of advocacy expected and a scheme of regulation of advocacy may bridge that market gap.’

Under the plans, an independent body, the Performance of Advocacy Council, will become the central assessor body. The JAG suggested that its first chair should be a senior and experienced criminal judge.

The consultation paper is available here. JAG will analyse responses to the consultation in November and December 2010, and will publish detailed financial proposals in January 2011.