News

The Criminal Procedure Rule Committee has made the first consolidating edition of the Criminal Procedure Rules, which affect all criminal courts in England and Wales. 

The Legal Aid Practitioners Group is seeking nominations for the 2010 Legal Aid Lawyer of the Year Awards (“LALYs”). The ten award categories include legal aid barrister (sponsored by the Bar Council) and outstanding achievement (sponsored by Manches). The closing date for nominations is 12 April and the award ceremony will be held on 26 May in London. Forms are available at www.lapg.co.uk/legalaidlawyer.cfm 

The government is increasingly reluctant to answer Freedom of Information requests, but some departments are more open than others, according to Sweet and Maxwell statistics. 

BARRISTERS in England and Wales are preparing themselves for major changes in the ways they provide legal services, says Bar Chairman Nicholas Green QC. 

Addressing the first meeting of the 2010 Bar Council, Mr Green said that barristers are ‘gearing up for a revolution in the way they provide their services’. 

His remarks came as the Bar Council ran a series of nationwide road shows following the historic decision of the Bar Standards Board (BSB) in November 2009 to liberalise the Bar’s practice rules in the light of the Legal Services Act 2007. 

The Bar Standards Board has recently published a consultation paper on proposals for revisions to barristers’ practising arrangements. In particular the paper covers: 

1. The introduction of an authorisation to practise regime;
2. The regulatory arrangements for barristers who do not have full practising entitlements; and
3. The relationship of the above to the Barristers’ Register 

Section 13(2) of the Legal Services Act 2007 states that a person is entitled to carry on a reserved legal activity where the person is an authorised person in relation to that activity. Reserved legal activities are: 

1. The exercise of a right of audience
2. The conduct of litigation
3. Reserved instrument activities
4. Probate activities
5. Notarial activities and
6. The administration of Oaths 

Authorisation to carry out these activities falls to the relevant approved regulator. The BSB must therefore have in place arrangements that explicitly grant barristers authorisation to undertake reserved legal activities. The consultation paper puts forward proposals for an authorisation to practise regime for barristers. It is proposed that the new regime would be introduced towards the end of 2011 so that it is in place for renewals at the start of 2012. Transitional arrangements will be required. 

The new regime will impact on all practising barristers and views are encouraged on both the broad principles of the proposals as well as the practicalities of how they might operate. 

The paper also explores options for the regulation of barristers without full entitlement to practise. This is an issue with a long and complicated history and views are sought on whether the proposed approach, as set out in the paper, is practicable and proportionate. 

A copy of the paper can be found on the BSB’s website (www.barstandardsboard.org.uk) The deadline for responses is 1 June 2010. 

When the relevant parts of the Legal Services Act 2007 came into force on the 1 January 2010, it became a criminal offence to undertake a reserved legal activity, such as exercising a right of audience, without having in force a valid practising certificate. 

Therefore second six pupils will require a practising certificate to be legally entitled to exercise a right of audience. 

The Ministry of Justice is refusing Bar Council requests to extend the deadline for “inadequate and unfair” consultations on Very High Cost Cases (“VHCCs”) and advocates’ graduated fees despite threats of judicial review. 

Solicitors acting for the Bar Council have now written, in accordance with the Pre-Action Protocol for Judicial Review Claims, to the Legal Aid Minister, Lord Bach, and to the Chairman of the Legal Services Commission (“LSC”), Sir Bill Callaghan, in order to advance proceedings for judicial review. 

ON 2 February 2010, the influential House of Commons Public Accounts Committee (PAC) published a damning report on the Legal Services Commission’s handling of legal aid reform. The report on criminal legal aid procurement also warns that the increased use of solicitors to conduct work in the Crown Court is threatening the long-term future of the junior criminal Bar and may be affecting the quality of advocacy provided in those courts. The procurement of legal aid in England and Wales by the Legal Services Commission (HC 322) echoes many of the deeply held concerns of the Bar Council. 

It criticises the LSC for ‘poor financial management and internal controls and deficient management information’. It says the Commission does not know whether its reforms are working or what they are doing to the sustainability of providers. 

Nicholas Green QC will visit Beijing in early June along with office holders from the Law Society to meet with the All China Lawyers Association (ACLA) and the Ministry of Justice, both of which are partners in the Lord Chancellor’s Training Scheme. The visit forms part of a biennial visit programme aimed at strengthening the relationship between the organisations. The Bar Council will discuss ideas for future cooperation with its Chinese counterpart and use the opportunity to meet with LCTS alumni. The Bar Council delegation will then visit Hong Kong where it plans to hold a seminar with the Hong Kong Bar Council and discuss plans for an exchange programme for advocates from both jurisdictions.

The Ministry of Justice is to carry out a wide-ranging review of the family justice system in England and Wales. 

The review—part of the cross-government “Families and Relationship Green Paper” launched in January—will look at ways to avoid confrontational court hearings and encourage the use of mediation.