Criminal litigation accreditation scheme update

The criminal litigation accreditation scheme (CLAS) for duty solicitors came into effect in April 2001.

Solicitors who were on existing duty schemes between 1 January 2001 and 1 April 2001 were automatically 'passported' into CLAS.

Since 1 April 2001, solicitors have been able to join CLAS by having 12 months' post-qualification experience in criminal defence work and passing assessments set by the Law Society.

There are two separate assessments - the police station qualification (PSQ) and the magistrates' court qualification (MCQ).

Both assessments involve submitting a portfolio of cases and undergoing a test which simulates a police station interview and a magistrates' court hearing.

Under transitional arrangements, solicitors may be 'part-qualified' in that they may have either the PSQ or the MCQ but not both.

There is currently no re-assessment procedure.

The initial proposal for CLAS members to undergo re-accreditation every five years was delayed by the Society's standards board for at least 12 months in June 2002 because of representations made by the Legal Services Commission (LSC), and in recognition of the increased burden of bureaucracy faced by criminal practitioners as a result of contracting.

The LSC was concerned that the Society's proposed procedures would result in large numbers of duty solicitors withdrawing from rotas or failing the assessments, thus reducing the number of suppliers with the attendant access to justice implications.

The Society remains committed in principle to the need for re-accreditation which is regarded as crucial for maintaining the quality and credibility of the scheme.

The Society is also anxious to resolve the current discrepancy between the requirements for new entrants to the scheme since 1 April 2001 who have had to undergo a relatively rigorous assessment procedure, and previously existing duty solicitors who were merely passported into the scheme.

At the same time, the Society is sensitive to the concerns of the profession to avoid an unduly onerous re-accreditation procedure, which may discourage practitioners from participating in the scheme.

The Society's professional accreditation team has produced a range of re-accreditation options for consideration, varying from requirements to submit portfolios and sitting assessments, to simpler requirements to attend a relevant CPD course.

It has been decided to delay making a specific recommendation for three months, partly to elicit a formal response from the LSC regarding its support for the re-accreditation process.

The Society is considering the introduction of CLAS stage 2, an advanced level of CLAS membership reflecting specialist knowledge in specific areas of criminal law.

The Society is looking at options for methods of assessment of advanced levels of competency.

As stage 2 membership would be voluntary, the Society is keen to ensure that practitioners would have sufficient incentives to join the scheme.