The comments of the Law Society on the Institute of Legal Executives consultation on associate prosecutor advocacy training come a little late (see [2010] Gazette, 18 March, 1). Your report omits to say that this issue was debated and settled by parliament when the Criminal Justice and Immigration Act passed into legislation in 2008. The powers that associate prosecutors (APs) can be granted are defined by the legislation. Parliament was aware of the qualifications APs have.
The act required that APs be made subject to external regulation, which they now are through ILEX, and that they be authorised persons under the Legal Services Act. This is what the current ILEX consultation is about.
Your article notes at the end that, for ILEX, the key issue is the competence of APs to carry out the work the legislation permits. This is fundamental to the approach of ILEX, and its regulatory arm IPS, to regulation.
The comments of the Law Society on the proposed qualification, training and assessment arrangements for APs will be welcomed, but the time has passed for opposition based purely on protection of status. This is a point highlighted by your companion piece on solicitor-advocates in the higher courts.
Ian Watson, Chief executive, ILEX Professional Standards, Bedford
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