The Institute of Legal Executives is running a consultation exercise upon its application to become an approved regulator for Crown Prosecution Service associate prosecutors to undertake advocacy and litigation. So far, so good.

The proposal is that unqualified CPS associate prosecutors assume the same powers as solicitor and barrister Crown prosecutors to conduct cases outside court; and also to conduct all trials in the magistrates’ court, except either-way matters where jurisdiction is shared with the Crown court.

There is no need to be an existing CPS employee. The academic qualification to become an associate prosecutor is given as: nil required. A professional legal qualification is not necessary either.

This proposal raises concerns over the quality of justice and the potential for miscarriage of justice. With HMCS associate note-takers replacing some qualified legal advisers, we are seeing the gradual de-lawyering of the magistrates’ court.

The consultation can be found on the ILEX website and closes on 6 April.

Tim O’Sullivan, Law Society criminal law committee, Bournemouth