*/
As a result of cases referred to the BSB for consideration recently, it has come to our attention that there appears to be a gap in the understanding of the relationship between the regulatory scheme overseen by the Office of the Immigration Commissioner (OISC) and the Code of Conduct of the Bar of England and Wales (the Code of Conduct).
This appears to be in relation to both the knowledge of barristers and those immigration advisers seeking to instruct them.It appears that it is thought that if an immigration adviser is accredited to Level 2 or 3 by the OISC, that is sufficient for them to be entitled to instruct a barrister (for advice or to attend court). That of course is not the only requirement. An immigration adviser seeking to instruct counsel must:
a) Be registered to Level 2 or 3 by the OISC (depending on whether it includes an instruction to appear at a hearing); AND
b) Be a Licensed Access Client within the meaning of paragraph 401 and Annex F1 of the Code of Conduct. It is noted that the OISC website does state, under the heading “OISC Level 3: Advocacy and Representation” that work permitted at Level 3 includes:
This appears to be in relation to both the knowledge of barristers and those immigration advisers seeking to instruct them.It appears that it is thought that if an immigration adviser is accredited to Level 2 or 3 by the OISC, that is sufficient for them to be entitled to instruct a barrister (for advice or to attend court). That of course is not the only requirement. An immigration adviser seeking to instruct counsel must:
a) Be registered to Level 2 or 3 by the OISC (depending on whether it includes an instruction to appear at a hearing); AND
b) Be a Licensed Access Client within the meaning of paragraph 401 and Annex F1 of the Code of Conduct. It is noted that the OISC website does state, under the heading “OISC Level 3: Advocacy and Representation” that work permitted at Level 3 includes:
As a result of cases referred to the BSB for consideration recently, it has come to our attention that there appears to be a gap in the understanding of the relationship between the regulatory scheme overseen by the Office of the Immigration Commissioner (OISC) and the Code of Conduct of the Bar of England and Wales (the Code of Conduct).
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
