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• Supervision of solicitors and other authorised litigators: The Panel acknowledges that ILEX anticipates qualifying members would be working under the supervision of solicitors or other litigators currently authorised under the CLSA. The Panel recommends that any change in this position should result in a full re-examination of any grant and exercise of rights of audience by ILEX and its Fellows (Advice paras 13-14).
• Scope of Extended Rights of Audience: Criminal Proceedings: The Panel supports the application in respect of the rights of audience comprised within the proposed Criminal Proceedings Certificate, with a reservation in respect of the representation of a young offender who is subject to a possible custodial sentence greater than two years (Advice para 17).
• Scope of Extended Rights of Audience: Civil Proceedings: With the exception of committal proceedings, the Panel supports this aspect of the Application (Advice para 18).
• Scope of Extended Rights of Audience: Family Proceedings: The Panel considers that (save pursuant to the ad hoc exercise of judicial discretion in individual cases) (a) Committal proceedings, which are often formal and relatively technical in nature, and which involve the liberty of the subject to a significant extent, are of such weight and importance as to render them inappropriate to be undertaken by advocates whose training and experience is limited to that prescribed by the ILEX Qualification Scheme; (b) Care cases are of such weight and importance as to render them inappropriate to be undertaken by advocates whose training and experience is limited to that prescribed by the ILEX Qualification Scheme. The Panel expresses the hope that the Secretary of State will give early consideration to the making of a Statutory Instrument defining 'reserved family proceedings' for the purposes of section 27 CLSA (Advice para 19).
• Qualification scheme: The Panel is concerned at the degree of delegation from ILEX itself, to its advisors, examiners and training providers, of responsibilities that go to the heart of setting professional standards of competence in the field of advocacy. ILEX should review its decision-making processes to ensure that, at all times, it retains control over the responsibilities it would exercise as an authorised body under s.27 CLSA (Advice paras 20.1 - 20.13).
• The Advocacy Skills Course: The Panel (a) recommends that ILEX prepare more effective course objectives and competence outcomes for each Advocacy Skills Course, suitably developed from the competence standards set for the experience required of potential advocates in applying for a Certificate of Eligibility; (b) considers that the responsibility for setting objectives and outcomes rests with the professional body rather than the training organisation providing the Advocacy Skills Course; (c) would expect ILEX to use clear competence and assessment criteria which they would require any training provider to address in the preparation and assessment of the practical exercises undertaken throughout each Advocacy Skills Course; (d) recommends that ILEX include Evidence issues when preparing clear course objectives and competence outcomes for each Advocacy Skills Course; (e) considers that ILEX should prepare clear competence and assessment criteria to address the assessment of Evidence in each Advocacy Skills Course; (f) does not regard the reliance on prior training outside the advocacy context as sufficient and feels that elements of Evidence and Procedure should be covered within the Advocacy Skills Course, by insertion of key elements relevant to case study or studies used, to enable knowledge of these areas to form a part of any assessment undertaken during the course; (g) recommends that ILEX use clear competence and assessment criteria in relation to Professional Conduct issues included in advocacy exercises in each of the three areas of specialism (Advice paras 21.1 - 21.5).
• Assessment of the Advocacy Skills Course: The Panel finds that there are limited procedures in place for the accreditation and re-accreditation of the proposed Advocacy Skills Courses. The Panel advises that ILEX address this by the production of an accreditation handbook to ensure quality and consistency in provision (Advice para 21.6).
• Post-Qualification Regime: The Panel advises that ILEX review the post-qualification regime. In particular, ILEX should review the acceptability of observation of advocacy, as opposed to the actual conduct of advocacy, in the portfolio which will be expected of newly qualified advocates (Advice para 21.7).
• Code of Conduct/Professional Regulation: The Panel advises that the ILEX / Law Society memorandum of understanding should be agreed and formally established as a precondition to approval of the Application. A similar memorandum should be agreed and formally established with any other category of authorised litigator which ILEX has in mind as a future employer of ILEX fellows. (Advice paras 22.1 - 22.2).
• Internal review: Since ILEX is a body which is relatively new to the exercise of the authority to grant rights of audience, it should be required to conduct its own internal review of its procedures and requirements within a three-year period, with a view to making any necessary amendments or improvement to its regulatory scheme. In the course of doing so it should address those matters set out at Appendix C to this advice. [Appendix A, B & C are available from the Panel Secretariat, telephone 020 7210 8816.] (Advice para 23)
  
  

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Conclusion

6. The Panel recommends to the Secretary of Sate that the Application be approved, subject to the limitations, conditions and recommendations summarised above.

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