*/
Proposals to ensure independent barristers remain at the heart of an efficient criminal justice system, have stressed the need to maintain the highest advocacy standards in the Crown court and reform entry into the profession.
The report, Criminal Justice, Advocacy and the Bar, was the work of the Bar Council’s Criminal Justice Reform Group led by former Senior Circuit Judge His Honour Geoffrey Rivlin QC.
Its 65 recommendations cover charging and the pre-trial process, better case management, limiting rights of audience and restructuring the training given to aspiring barristers.
Legal executives, it said, should not have rights of audience in the Crown court. If they retain their current limited rights, clients should be advised of their right to use a solicitor or barrister and notified of the different qualifications.
Where in-house advocates are instructed, the report stated that solicitors should be required to advise clients in writing of the reasons for doing so and to inform them of their right to instruct advocates independent of their firm.
It suggested there should be no category of “plea only” advocates, whether solicitors or barristers, fearing it is a move towards “dumbing down” within the profession.
In addition, all those practising as advocates should complete training and apprenticeship to the equivalent standard of the Bar.
Mindful of the plight of those seeking to enter the profession and the need to secure the future of the junior Bar, the report branded the Bar Professional Training Course (BPTC) “expensive” and “not highly regarded”.
It expressed concern that commercial providers, which charge up to £17,980 for the course, “are using the system to make money from people with no real prospect of pupillage”.
Around 1,800 students undertake the BPTC each year chasing approximately 400 pupillages.
The report recommended raising the standard of entry and replacing the “not fit for purpose” BCAT with a new admission test. It called for greater transparency to give students a better understanding of their chances of success, suggesting that providers publish pupillage statistics and their own selection criteria.
Echoing recommendations in Sir Brian Leveson’s Review of Efficiencies in Criminal Proceedings, the report called for better charging decisions, case ownership, investment in digital working, changes to case allocation and listing, and the abolition of the warned list.
On trial management it proposed greater use of pre-recorded evidence, shorter prosecution opening speeches and the introduction of a defence opening speech.
In conclusion, it said: “As to the future of the Bar, no one can pretend that there is some magic formula to hand; but we believe there is a very powerful case for a strong independent criminal Bar.”
Meanwhile, a report from HM Crown Prosecution Service Inspectorate found that advocacy standards within the organisation had taken a “backwards step” over the past three years.
Sir Michael Fuller’s report found that CPS barristers lacked “presence, self-confidence and flair” in Crown court trials and were in danger of “losing” the jury because of the way they presented cases.
Though good news for the independent Bar, the report warned that the CPS’s high use of outside counsel posed a “real threat to in-house prosecutors’ courtroom skills”.
The CPS, which has undergone 25% budget cuts, strongly disputed the criticism and argued that conviction rates had been maintained.
The report, Criminal Justice, Advocacy and the Bar, was the work of the Bar Council’s Criminal Justice Reform Group led by former Senior Circuit Judge His Honour Geoffrey Rivlin QC.
Its 65 recommendations cover charging and the pre-trial process, better case management, limiting rights of audience and restructuring the training given to aspiring barristers.
Legal executives, it said, should not have rights of audience in the Crown court. If they retain their current limited rights, clients should be advised of their right to use a solicitor or barrister and notified of the different qualifications.
Where in-house advocates are instructed, the report stated that solicitors should be required to advise clients in writing of the reasons for doing so and to inform them of their right to instruct advocates independent of their firm.
It suggested there should be no category of “plea only” advocates, whether solicitors or barristers, fearing it is a move towards “dumbing down” within the profession.
In addition, all those practising as advocates should complete training and apprenticeship to the equivalent standard of the Bar.
Mindful of the plight of those seeking to enter the profession and the need to secure the future of the junior Bar, the report branded the Bar Professional Training Course (BPTC) “expensive” and “not highly regarded”.
It expressed concern that commercial providers, which charge up to £17,980 for the course, “are using the system to make money from people with no real prospect of pupillage”.
Around 1,800 students undertake the BPTC each year chasing approximately 400 pupillages.
The report recommended raising the standard of entry and replacing the “not fit for purpose” BCAT with a new admission test. It called for greater transparency to give students a better understanding of their chances of success, suggesting that providers publish pupillage statistics and their own selection criteria.
Echoing recommendations in Sir Brian Leveson’s Review of Efficiencies in Criminal Proceedings, the report called for better charging decisions, case ownership, investment in digital working, changes to case allocation and listing, and the abolition of the warned list.
On trial management it proposed greater use of pre-recorded evidence, shorter prosecution opening speeches and the introduction of a defence opening speech.
In conclusion, it said: “As to the future of the Bar, no one can pretend that there is some magic formula to hand; but we believe there is a very powerful case for a strong independent criminal Bar.”
Meanwhile, a report from HM Crown Prosecution Service Inspectorate found that advocacy standards within the organisation had taken a “backwards step” over the past three years.
Sir Michael Fuller’s report found that CPS barristers lacked “presence, self-confidence and flair” in Crown court trials and were in danger of “losing” the jury because of the way they presented cases.
Though good news for the independent Bar, the report warned that the CPS’s high use of outside counsel posed a “real threat to in-house prosecutors’ courtroom skills”.
The CPS, which has undergone 25% budget cuts, strongly disputed the criticism and argued that conviction rates had been maintained.
Proposals to ensure independent barristers remain at the heart of an efficient criminal justice system, have stressed the need to maintain the highest advocacy standards in the Crown court and reform entry into the profession.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
The long-running fee-paid judicial pensions saga continues. The current cut-off date for giving notice of election to join FPJPS is 31 March 2024, and that date now gives rise to a serious problem, warns HH John Platt