Legal executives could potentially bypass the need to cross-qualify as a solicitor to become Crown prosecutors should its regulator decide to seek greater powers.

CILEx Regulation has been consulting on whether or not to apply to the Legal Services Board to authorise legal executives with litigation and advocacy rights for higher rights of audience.

The consultation document states that the Chartered Institute of Legal Executives has long lobbied for a career path that enables its members working at the Crown Prosecution Service to become Crown prosecutors without having to cross-qualify as a solicitor. CILEx discussed higher rights of audience and career progression with the Ministry of Justice, which in turn raised the issues with CILEx Regulation as the regulator for CILEx members.

Responding to the consultation, CILEx said giving members the opportunity to gain higher rights of audience would have a positive impact on the sustainability of legal services, as well as open up career opportunities in the CPS and judiciary.

CILEx chair Professor Chris Bones said: ‘The impact of widening the pool of potential judges and prosecutors cannot be underestimated at a time when a lack of specialist lawyers is adding to court backlogs and is putting enormous strain on our already creaking justice system. This move would be an important step in recognising the equivalence of CILEx-qualified lawyers to other lawyers and in doing so, shoring up the long-term sustainability of the legal services market.’

CILEx practitioners can currently obtain litigation and advocacy rights for the lower courts.

Under the proposals, only CILEx litigators and advocates who have held rights of audience in the lower courts for at least 12 months would be eligible to apply for higher rights of audience. Once they have completed their first renewal of their advocacy rights, they would be eligible to complete an additional 12 hours of training.

The additional training would cover: trial strategy plan; written training to extend the knowledge gained on the current advocacy skills course in relation to evidence; Crown court processes, conduct, ethics and etiquette; speeches, applications and submissions, appeals, skeleton arguments; and sentencing and mitigation.

After completing the training and demonstrating each competence, they would be able to apply for authorisation to become a chartered legal executive litigator and higher rights advocate.

In its initial response to the Bellamy criminal legal aid review, the government committed to removing barriers for CILEx members.

 

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