In the final QASA consultation, the Law Society has re-stated its fundamental objections to elements of the scheme. We believe it is:
- disproportionate to the perceived problems surrounding advocacy standards
- burdensome and likely to be costly for advocates to be re/accredited
Solicitors who do not become accredited under the quality assurance scheme for advocates (QASA) will lose their rights of audience in the magistrates' court after five years in practice. That is such a fundamental change to the profession that the issue should be consulted on. For those advocates undertaking jury trials in the Crown court, the only route to accreditation is by judicial evaluation. The Society continues to press for an alternative route to accreditation via assessment centres.
In addition to the objections to assessment by judges, the Law Society has obtained data from the Ministry of Justice indicating a significant fall in the number of cases going to trial in the Crown court and an increase in the number of cases heard before recorders who will not be able to provide assessments for advocates.
As a result the Law Society contends that there will not be a sufficient number of cases in the Crown court for all of those advocates required to be accredited to obtain three judicial evaluations in the first 12 months. The Society has recommended extending the period in which advocates are able to obtain evaluations.
The Society strongly endorses the provision to enable non-trial advocates to be accredited under the scheme to appear in the Crown court. It has welcomed the transitional arrangements for those solicitors who have recently acquired higher rights of audience so that a solicitor who obtained higher rights in 2010 will not have to be accredited until 2015. The Society is adamant that the scheme must apply to all advocates including QCs.