Rights of audience in criminal proceedings could be extended to legal executives, following a recommendation last month from the Legal Services Consultative Panel.

The panel, a non-departmental public body that advises the Lord Chancellor on the provision of legal services, approved - subject to further technical work being carried out - an application submitted last year by the Institute of Legal Executives (ILEX) for rights of audience in criminal cases in the magistrates' and youth courts.


The application will then be sent to Lord Falconer, who will put it out for consideration by four senior judges. Their opinion goes back to the Lord Chancellor for a final decision.


If successful, rights of audience will be extended to ILEX fellows only, of whom there are approximately 7,000, after completing additional training.


ILEX fellows work full-time in law firms for four years while studying part-time for the ILEX professional higher diploma in law, then complete two further years of qualifying employment. They can already gain rights of audience in family and civil proceedings in county and magistrates' courts and before the coroner's court.


ILEX President Sandra Barton said: 'Our members have a clear role to play in ensuring that defendants are appropriately represented in court.'


Rodney Warren, director of the Criminal Law Solicitors Association, said: 'ILEX fellows have long played an important role in solicitors' firms and the Crown Prosecution Service has been able to use designated case workers. The important thing is that clients are represented to the highest standards of advocacy. There will be many fellows working in firms who will be able to meet this standard.' He added: 'It is essential to ensure that appropriate training is given.'


In a separate development last month, Lord Falconer said there were strong arguments for making legal executives eligible to apply for judicial posts.