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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).
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
Modernising communication and collaboration at a leading Chancery set. A Zexi case study
How to build profile without compromising professional duties. By Naumaan Farooq, Co-Founder of Inked PR
Marie Law, Director of Toxicology at AlphaBiolabs, examines the role of cut-off levels, and the wider range of factors that must be considered when interpreting results for family court proceedings
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
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
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
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base
