Bar Standards Board Handbook

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Part 4 QUALIFICATION RULES

A - APPLICATION

rQ1 -

Section 4.B applies to all person s who wish to be called to the Bar and to become qualified to practise as a barrister , to pupil supervisor s and to approved training organisations.

rQ2 -

Section 4.C applies to all practising barristers

B - BAR TRAINING RULES

B1 - Purpose of the Bar Training Rules

Outcomes

oQ1 -

To ensure that any person who qualifies to practise as a barrister is a fit and proper person , and competent to do so.

Rules

rQ3 -

To be called to the Bar by an Inn a person must:

.1 -

be a member of that Inn ;

.2 -

complete (or be exempted from):

.a -

the Academic Stage, and

.b -

the Vocational stage

of training; and

.3 -

fulfil any applicable requirement to attend qualifying sessions.

rQ4 -

To become qualified to practise as a barrister a person must:

.1 -

be called to the Bar by an Inn ;

.2 -

complete (or be exempted from) the Professional Stage of training; and

.3 -

satisfy such further requirements as are set out in Part 3 of this Handbook .

rQ5 -

The Bar Standards Board may charge such fees as it prescribes for dealing with applications, conducting assessments or examinations and issuing certificates under this Section 4.B.

rQ6 -

Any function or power which under this Section 4.B is exercisable by the Bar Standards Board may be delegated (and sub-delegated) to any committee, body or person to the extent permitted by the standing orders of the Bar Standards Board.

B2 - Admissions to an Inn of Court

Eligibility for Admission

rQ7 -

To be eligible for admission to an Inn under this Section 4.B a person must:

.1 -

have the necessary educational qualifications; and

.2 -

be a fit and proper person to become a practising barrister .

rQ8 -

A person has the necessary educational qualifications to be admitted to an Inn if that person :

.1 -

is reading for a qualifying law degree; or

.2 -

is attending (or has been accepted for and is about to attend) a Conversion Course; or

.3 -

has completed (or been exempted under Section 4.B7 from) the Academic Stage of training.

rQ9 -

A person is a fit and proper person to become a practising barrister if:

.1 -

there is no reason to expect that that person , if admitted to an Inn, will engage in conduct which is dishonest or which otherwise makes that person unfit to become a practising barrister ; and

.2 -

that person does not suffer from serious incapacity due to mental disorder (within the meaning of the Mental Health Act 1983), addiction to alcohol or drugs or any other condition which makes that person unfit to become a practising barrister .

rQ10 -

In the case of an applicant who is authorised to practise by another Approved Regulator or who is a Qualified European Lawyer , a certificate of good standing is to be treated as conclusive evidence that the applicant is a fit and proper person to become a practising barrister .

rQ11 -

A person whose application for admission to an Inn has been rejected on the ground that that person is not a fit and proper person to become a practising barrister or who has been expelled from an Inn because of a disciplinary offence may not apply for admission to an Inn unless a period of at least five years (or such other period as the Bar Standards Board may determine in the particular case) has elapsed from the date of such rejection or expulsion.

Application Procedure

rQ12 -

To apply for admission to an Inn a person (“the applicant”) must submit to the Inn:

.1 -

a duly completed and signed application including an admission declaration in the form prescribed by the Bar Standards Board from time to time;

.2 -

two certificates of good character which comply with the requirements in rQ13 below or, if the applicant is a qualified lawyer , a certificate of good standing , which (in either case) was issued within the previous three months; and

.3 -

the fee prescribed by the Inn.

Certificates of Good Character

rQ13 -

A certificate of good character must contain the information specified by the Bar Standards Board from time to time and be provided by a professional person or person of standing in the community who:

.1 -

has known the applicant for at least one year;

.2 -

does not have a close family or personal relationship with the applicant; and

.3 -

has read the admission declaration submitted by the applicant under Rule rQ12.1.

Decision to Admit or Refuse Admission

rQ14 -

Before deciding whether to admit the applicant, the Inn may make any further enquiries or require the applicant to provide any further information that it considers relevant.

rQ15 -

The Inn must admit the applicant if the applicant:

.1 -

is eligible for admission to an Inn and has given the undertaking on the admission declaration to commence the Vocational stage within five years of admission to an Inn and complete that Stage within ten years of admission; and

.2 -

has complied with Rule rQ12,

otherwise the Inn must reject the application and inform the applicant of its reasons for doing so.

rQ16 -

If the applicant falls within Rule rQ17, the Inn must refer the question whether the applicant is a fit and proper person to become a practising barrister to the Inns' Conduct Committee to decide and must notify the applicant that it has done so.

rQ17 -

An applicant falls within this Rule rQ17 if:

.1 -

the applicant has been convicted of a Criminal offence (or is the subject of pending Criminal Proceedings ); or

.2 -

the applicant has been convicted of a disciplinary offence by a professional or regulatory body (or is the subject of pending proceedings for such an offence); or

.3 -

the applicant has been found guilty of an academic offence by a higher education institution (and has not successfully appealed against that finding); or

.4 -

the applicant has been the subject of a Bankruptcy Order or director’s disqualification order or has entered into an individual voluntary arrangement with creditors; or

.5 -

the applicant has previously been refused admission to or expelled from an Inn ; or

.6 -

there is any other circumstance which in the opinion of the Inn calls into question the applicant's fitness to become a practising barrister .

rQ18 -

When the Inns' Conduct Committee is asked to decide whether the applicant is a fit and proper person to become a practising barrister , it must send a report of its decision and the reasons for the decision to the applicant and to the Inn.

rQ19 -

If the Inns' Conduct Committee decides that the applicant is not a fit and proper person to become a practising barrister or if the Inn rejects an application for admission for any other reason, the applicant may request a review of the decision under Section 4.B10, provided that the request is made in writing to the Bar Standards Board within one month of the date when notice of the decision was given.

rQ20 -

If on a review under Section 4.B10 the Bar Standards Board is satisfied that the applicant is eligible for admission to an Inn and has complied with Rule rQ12, the Inn must admit the applicant.

B3 - The Academic Stage

rQ21 -

A person completes the Academic Stage of training by:

.1 -

obtaining a qualifying law degree; or

.2 -

obtaining a qualifying degree and successfully completing a Conversion Course.

rQ22 -

For the purpose of Rule rQ21.1 a qualifying law degree is a qualifying degree approved by the Bar Standards Board which includes a course of study of the foundations of legal knowledge.

rQ23 -

For the purpose of Rule rQ21.2 a qualifying degree is:

.1 -

a degree of the required standard awarded by a University in the United Kingdom following a course of study of the minimum period; or

.2 -

a degree awarded by a University or establishment of equivalent level outside the United Kingdom which the Bar Standards Board accepts as equivalent to a degree satisfying the requirements of Rule rQ23.1.

and a person obtains a qualifying degree on being adjudged to have successfully completed the academic requirements of the degree irrespective of when the degree is actually conferred.

rQ24 -

For the purpose of Rule rQ23.1, unless the Bar Standards Board on an application showing good grounds permits otherwise, the required standard is first or second class honours.

rQ25 -

A Conversion Course is a course approved by the Bar Standards Board which includes study of the foundations of legal knowledge.

rQ26 -

For the purpose of Rules rQ22 and rQ25, foundations of legal knowledge means those subjects the study of which is prescribed by the Bar Standards Board for the purposes of obtaining a qualifying law degree and for inclusion in any Graduate Conversion Course, and which currently comprise:

.1 -

Obligations I (Contract)

.2 -

Obligations II (Tort)

.3 -

Criminal Law

.4 -

Public Law

.5 -

Property Law

.6 -

Equity & The Law of Trusts

.7 -

Foundations of EU Law

B4 - The Vocational Stage

rQ27 -

A person starts the vocational stage of training on starting to  attend at a Bar Professional Training Course , and completes the vocational stage on being certified by the course provider that they have successfully completed a Bar Professional Training Course .

rQ28 -

Before starting the vocational stage , a person must:

.1 -

have completed (or been exempted under Section 4.B7 from) the Academic Stage; and

.2 -

have successfully completed the Bar Course Aptitude Test the pass score for which is set by the Bar Standards Board from time to time; and

.3 -

be a member of an Inn of Court.

rQ29 -

A person may not start  the vocational stage more than five years after completing the Academic Stage except with the permission of the Bar Standards Board and after complying with any condition which the Bar Standards Board may impose.

B5 - The Professional Stage

rQ30 -

A person starts the professional stage of training when they start  pupillage in accordance with this Section 4.B5 and completes the professional stage by:

.1 -

satisfactorily completing 12 months of pupillage and such further training as may be required by the Bar Standards Board ; and

.2 -

being issued with a full qualification certificate .

rQ31 -

Before starting the professional stage, a person must have completed (or been exempted under Section 4.B7 from) the vocational stage .

rQ32 -

A person may not start the Professional Stage more than five years after completing the vocational stage except with the permission of the Bar Standards Board and after complying with any condition which the Bar Standards Board may impose.

Pupillage

rQ33 -

Pupillage is divided into two parts:

.1 -

a non-practising period of six months; and

.2 -

a practising period of six months.

rQ34 -

Except with the written permission of the Bar Standards Board , the non-practising period of pupillage must be done :

.1 -

in a Member State of the European Union; and

.2 -

in a continuous period of six months.

rQ35 -

Except with the written permission of the Bar Standards Board , the practising period of pupillage must:

.1 -

start  within 12 months after completion of the non-practising period;

.2 -

be done  in a Member State ; and

.3 -

be completed within an overall period of nine months.

rQ36 -

Any period of pupillage must provide training which is adequate and which complies with such criteria as may be published by the Bar Standards Board .

rQ37 -

Except as provided in Rule rQ60, any period of pupillage must be done

.1 -

in an approved training organisation ; and

.2 -

with a barrister who is a registered pupil supervisor .

rQ38 -

During any period of pupillage the pupil must;

.1 -

be diligent in receiving the instruction given; and

.2 -

observe all legal and professional obligations of confidence.

Approved training organisations

rQ39 -

The Bar Standards Board may authorise any organisation as an approved training organisation subject to such terms as the Bar Standards Board may from time to time determine.

rQ40 -

The Bar Standards Board may withdraw approval from an approved training organisation if it considers after investigation:

.1 -

that pupillage training provided by the organisation is or has been seriously deficient; or

.2 -

that the organisation has not made proper arrangements for dealing with pupils and pupillage in accordance with the Code of Conduct.

rQ41 -

The Bar Standards Board will give notice in writing:

.1 -

in the case of a decision to refuse to designate an organisation as an approved training organisation , to that organisation; and

.2 -

in the case of a decision to withdraw approval from an approved training organisation , to:

a -

that organisation;

b -

any person who is undertaking or has agreed to undertake a pupillage in that organisation; and

c -

the Inn of which any such person is a member.

rQ42 -

Any person or organisation to whom the Bar Standards Board is required to give notice of a decision under Rule rQ41 may ask for a review of the decision under Section 4.B10, provided that the request is made in writing to the Bar Standards Board within one month of the date when notice of the decision was given.

rQ43 -

If the Bar Standards Board withdraws approval from an approved training organisation , the organisation may not claim repayment of any pupillage award or other sum paid to any pupil or prospective pupil .

Acting as a Pupil Supervisor

rQ44 -

A barrister may act as a pupil supervisor if the barrister :

.1 -

is on the register of approved pupil supervisor s kept by the Bar Standards Board ;

.2 -

has a current practising certificate; and

.3 -

has regularly practised as a barrister during the previous two years.

Registration as a Pupil Supervisor

rQ45 -

The Bar Standards Board may enter a barrister on the register of approved pupil supervisor s if the barrister is approved by an Inn of which the barrister is a member.

rQ46 -

The Bar Standards Board may refuse to enter a barrister on the register of approved pupil supervisor s if the Bar Standards Board finds that the barrister is unsuitable for any reason to act as a pupil supervisor .

rQ47 -

If the Bar Standards Board refuses to enter a barrister on the register of approved pupil supervisor s, it will notify the barrister and the Inn which approved the barrister as a pupil supervisor of its decision and of the reasons for it.

rQ48 -

An Inn must approve a barrister as a pupil supervisor if:

.1 -

the barrister has a current practising certificate ;

.2 -

the Inn is satisfied that the barrister has the necessary experience and is otherwise suitable to act as a pupil supervisor ; and

.3 -

the barrister has submitted an application in accordance with Rule rQ50.

rQ49 -

To have the necessary experience to act as a pupil supervisor a barrister should normally:

.1 -

have practised in the United Kingdom or another Member State as a barrister (other than as a pupil who has not completed pupillage in accordance with this Section 4.B5) or as a person authorised to exercise a right of audience or to conduct litigation by another Approved Regulator for a period for at least six years in the previous eight years; and

.2 -

for the previous two years have regularly practised as a barrister and been entitled to exercise a right of audience before every court in England and Wales in relation to all proceedings.

Application Procedure to become a Pupil Supervisor

rQ50 -

A barrister who wishes to be entered on the register of approved pupil supervisor s must submit to the Inn an application in the form currently prescribed by the Bar Standards Board . The application must be supported:

.1 -

by an independent person who is a High Court Judge or Circuit Judge, a Leader of a Circuit, a Deputy High Court Judge, a Recorder, a Queen’s Counsel, a Master of the Bench of an Inn, Treasury Counsel or a person of comparable standing who is able to comment from person al knowledge on the applicant’s suitability to act as a pupil supervisor ; and

.2 -

Subject to Rule rQ50.3 below,

.3 -

.a -    in the case of a self-employed barrister , by the applicant's Head of chambers , or

.b -

in the case of an employed barrister , by a more senior lawyer employed in the same organisation and who has direct knowledge of the work of the applicant;

.4 -

If the applicant is a Head of chambers , or there is no more senior lawyer employed in the same organisation with the required knowledge, or for any other reason the support of the person referred to in Rule rQ50.2 is not available, by a second person falling within Rule rQ50.1 above.

Training of Pupil Supervisors

rQ51 -

The Bar Standards Board , in consultation with the Inns, may and will normally require pupil supervisor s to undertake training before they may be entered or after they have been entered on the register of approved pupil supervisor s.

Removal from the Register of Pupil Supervisors

rQ52 -

The Bar Standards Board may remove a barrister ’s name from the register of approved pupil supervisor s if the barrister :

.1 -

ceases to practise as a barrister or is suspended from practice as a barrister ; or

.2 -

requests the Bar Standards Board in writing to be removed from the register; or

.3 -

fails to complete any training required under Rule rQ51; or

.4 -

is found by the Bar Standards Board to be unsuitable for any reason to act as a pupil supervisor ; or

.5 -

has not acted as a pupil supervisor for the previous five years.

rQ53 -

If the Bar Standards Board decides that a barrister ’s name should be removed from the register of approved pupil supervisor s, it will notify the barrister and the Inn which approved the barrister as a pupil supervisor of its decision and of the reasons for it.

Duties of Pupil Supervisors

rQ54 -

A pupil supervisor must when responsible for supervising any pupil:

.1 -

take all reasonable steps to provide the pupil with adequate tuition, supervision and experience;

.2 -

have regard to any pupillage guidelines issued by the Bar Standards Board and to the Equality and Diversity Rules of the Code of Conduct; and

.3 -

ensure that the pupil prepares for and attends any further training required by the Bar Standards Board such as advocacy training provided by the pupil 's Circuit or Inn.

rQ55 -

A pupil supervisor may not be responsible for supervising more than one pupil at a time except with the approval in writing of the Bar Standards Board .

Complaints about Pupil Supervisors

rQ56 -

If any complaint or other matter which appears to affect the suitability of a barrister to continue to act as a pupil supervisor comes to the notice of the Inn which approved the barrister , the Inn must inform the Bar Standards Board of the matter.

rQ57 -

If any complaint or other matter which appears to affect the suitability of a barrister to continue to act as a pupil supervisor comes to the notice of the Bar Standards Board , the Bar Standards Board will investigate the matter.

rQ58 -

After such an investigation, the Bar Standards Board may:

.1 -

dismiss any complaint; or

.2 -

take no action; or

.3 -

if in its opinion the matter is such as to require informal treatment, draw it to the barrister ’s attention in writing and if thought desirable direct the barrister to attend upon a nominated person for advice; or

.4 -

if in its opinion the conduct disclosed shows that the barrister is unsuitable to act as a pupil supervisor , remove the name of the barrister from the register of approved pupil supervisor s.

rQ59 -

A barrister whose application to be approved as a pupil supervisor is rejected or whose name is removed from the register of approved pupil supervisor s may ask for  a review of the decision under Section 4.B10, provided that the request is made in writing to the Bar Standards Board within one month of the date when notice of the decision was given.

External Training

rQ60 -

With the written permission of the Bar Standards Board , part or all of the practising period of pupillage may be satisfied by training:

.1 -

with a solicitor , judge or other suitably qualified lawyer who is not a registered pupil supervisor ; and/or

.2 -

in an organisation which is not an approved training organisation but which, in the opinion of the Bar Standards Board , provides suitable training and experience.

Advertising

rQ61 -

Subject to Rule C114, all vacancies for pupillage must be advertised on a website designated by the Bar Council and the following information must be provided:  

.1 -

In respect of chambers :

a              the name and address of chambers ;

b             the number of tenants;

c              a brief statement of the work done by Chambers , e.g., “predominantly criminal”;

d             the number of pupillage vacancies;

e              the level of award;

f               the procedure for applying;

g             the minimum educational or other qualifications required;

h             the  closing date for applications;

i               the date by which the decisions will be made;

.2 -

in respect of entities:

a             the name and address of the BSB entity ;

b             the number of barristers employed by that entity;

c             a brief statement of the work done  by the entity, eg, “predominantly criminal”;

d             the number of pupillage vacancies;

e             the level of award;

f              the procedure for application;

g             the minimum educational or other qualifications required;

h             the closing date for  applications;

i              the date by which the decisions will be made.

Registration of Pupillage

rQ62 -

Before starting any period of pupillage (including any period of external training) a person must apply to the Bar Standards Board for registration of the pupillage by submitting an application in the form prescribed by the Bar Standards Board .

rQ63 -

The Bar Standards Board will register the pupillage if it is satisfied that the application has been duly completed and that the pupillage complies with this Section 4.B5.

rQ64 -

If a person applies to the Bar Standards Board for registration of a pupillage after the pupillage has started , the pupillage will be treated as having started on the date the application is received , unless the Bar Standards Board permits otherwise.

rQ65 -

If the Bar Standards Board refuses to register a pupillage , it will inform the pupil in writing of its decision and of the reasons for it.

rQ66 -

If the Bar Standards Board refuses to register a pupillage , the pupil may ask for a review of the decision under Section 4.B10, provided that the request is made in writing to the Bar Standards Board within one month of the date when notice of the decision was given.

rQ67 -

If any of the information provided in an application for registration of a pupillage changes before the pupillage has been completed, the pupil must promptly notify the Bar Standards Board in writing of the change.

Qualification Certificates

rQ68 -

On completion of the non-practising period of pupillage , the Bar Standards Board will issue the pupil with a provisional qualification certificate provided that the pupil has been called to the Bar under Section 4.B9 and the Bar Standards Board is satisfied:

.1 -

that the pupil has satisfactorily completed the non-practising period of pupillage and any further training required under Rule rQ30.1; and

.2 -

that the pupillage is registered and complied with this Section 4.B5.

rQ69 -

When the pupil  completes   the practising period of pupillage , the Bar Standards Board will issue them with a full qualification certificate , if the pupil has a provisional qualification certificate and the Bar Standards Board is satisfied:

.1 -

that the pupil has satisfactorily completed the practising period of pupillage and any further training required under Rule rQ30.1; and

.2 -

that the pupillage is registered, and has complied with this Section 4.B5.

rQ70 -

For the purpose of this Section 4.B5, a pupil is to be treated as having satisfactorily completed a period of pupillage if the pupil :

.1 -

has been diligent in receiving the instruction given; and

.2 -

has achieved the minimum level of competence required of a pupil at the end of the relevant period.

rQ71 -

The Bar Standards Board may accept as evidence that a pupil has satisfactorily completed any period of pupillage a certificate to this effect from the pupil supervisor (or the person responsible for external training) with whom the pupil has completed that period.

rQ72 -

If a pupil supervisor is unable or unwilling to provide a certificate that a pupil has satisfactorily completed a period of pupillage , the Bar Standards Board may accept such a certificate signed by the Head of chambers or person in charge of pupillage in the training organisation where the pupillage has been done  if the certificate contains a satisfactory explanation of why the pupil supervisor has not signed it.

rQ73 -

If the Bar Standards Board is not satisfied:

.1 -

that the pupil has satisfactorily completed a period of pupillage , and/or

.2 -

that the pupillage is registered and complied with this Section 4.B5,

the Bar Standards Board may specify further training which the pupil must satisfactorily complete before the Bar Standards Board will issue the pupil with a provisional qualification certificate or a full qualification certificate (as the case may be).

rQ74 -

If the Bar Standards Board refuses to issue a provisional qualification certificate or a full qualification certificate , the pupil may ask for a review of the decision under Section 4.B10, provided that the request is made in writing to the Bar Standards Board within one month of the date when notice of the decision was given.

B6 - Qualifying Sessions

rQ75 -

In this Part 4.B6 a qualifying session means an event (or part of an event) of an educational and collegiate nature arranged by or on behalf of an Inn;

rQ76 -

Subject to Rules rQ77 and rQ82, a person who is admitted to an Inn must attend 12 qualifying sessions during a period of no more than five years ending on the date on which that person is called to the Bar.

rQ77 -

An Inn may on an application showing such exceptional grounds as satisfy criteria agreed by all four Inns waive or modify the requirement to attend qualifying sessions.

rQ78 -

Each Inn is responsible, in cooperation with the other Inns, for:

.1 -

ensuring that suitable qualifying sessions are available for its members; and

.2 -

deciding what requirements must be satisfied for a person to be credited with attendance at one or more qualifying sessions; and

.3 -

agreeing criteria which specify the grounds on which the requirement to attend qualifying sessionsmay be waived or modified.

B7 - Exemptions from Training Requirements

rQ79 -

The Bar Standards Board may grant exemptions from part or all of:

.1 -

the Academic Stage,

.2 -

the vocational stage , and/or

.3 -

the Professional Stage,

of training.

rQ80 -

In exercising its  discretion whether to grant an exemption from part or all of any Stage of training, the Bar Standards Board will determine whether the relevant knowledge and experience of the applicant make it unnecessary for the applicant to do such training.

rQ81 -

An exemption from part or all of any Stage of training may be granted unconditionally or subject to conditions, which may include in an appropriate case:

.1 -

a requirement to do training instead of  the training prescribed by this Section 4.B; and/or

.2 -

a condition that the applicant must pass a Bar Transfer Test.

rQ82 -

Where the Bar Standards Board exempts a person from the Vocational or Professional Stage of training, it may also:

.1 -

grant exemption in whole or in part from the requirement to attend qualifying sessions; and

.2 -

specify the period within which any requirement to attend qualifying sessions must be fulfilled, which may be a period ending after the person concerned has been called to the Bar and in the case of a Specially Qualified Applicant is usually a period of three years during which the applicant must attend six qualifying sessions unless special circumstances apply.

Applications

rQ83 -

An application for exemption under this Section must be in such form as may be prescribed by the Bar Standards Board and contain or be accompanied by the following:

.1 -

details of the applicant's educational and professional qualifications and experience;

.2 -

evidence (where applicable) that the applicant is or has been entitled to exercise rights of audience before any court, specifying the rights concerned and the basis of the applicant's entitlement to exercise such rights

.3 -

any other representations or evidence on which the applicant wishes to rely in support of the application;

.4 -

verified English translations of every document relied on which is not in the English language; and

.5 -

the prescribed fee.

rQ84 -

Before deciding whether to grant any exemption under this Section, the Bar Standards Board may make any further enquiries or require the applicant to provide any further information that it considers relevant.

rQ85 -

A person whose application for exemption is rejected may ask for a review of the decision under Section 4.B10, provided that the request is made in writing to the Bar Standards Board within one month of the date when notice of the decision was given.

Full Exemption

rQ86 -

If the Bar Standards Board is satisfied that an applicant falls within Rule rQ87, the Bar Standards Board will:

.1 -

exempt the applicant from any Stage of training prescribed by this Section 4.B which the applicant has not fulfilled;

.2 -

issue the applicant with a full qualification certificate ; and

.3 -

authorise the applicant to practise as a barrister on their being admitted to an Inn and called to the Bar under Section 4.B9 subject to complying with the Code of Conduct.

rQ87 -

The following categories of person fall within this Rule rQ87:

.1 -

a person who has been granted rights of audience by an approved regulator  and is entitled to exercise those rights in relation to all proceedings in all courts of England and Wales;

.2 -

subject to Rule rQ88, a person who has been granted rights of audience by an approved regulator  and is entitled to exercise those rights in relation to either all proceedings in the High Court or all proceedings in the Crown Court of England and Wales (but not both);

.3 -

a barrister of Northern Ireland who has successfully completed pupillage in accordance with the rules of the Bar of Northern Ireland;

.4 -

subject to Rule rQ89, a Qualified European Lawyer.

rQ88 -

The Bar Standards Board may exceptionally require an applicant who falls within Rule rQ87.2 to do part or all of the practising six months of pupillage if it considers this necessary having regard in particular to the knowledge, professional experience and intended future practice of the applicant.

rQ89 -

Subject to Rules rQ91 to rQ95, the Bar Standards Board may require a Qualified European Lawyer to pass a Bar Transfer Test if the Bar Standards Board determines that:

.1 -

the matters covered by the education and training of the applicant differ substantially from those covered by the Academic, Vocational and Professional Stages of training; and

.2 -

the knowledge acquired by the applicant in the course of their professional experience does not fully cover this substantial difference.

Registered European Lawyers

rQ90 -

The Rules governing registration as a Registered European Lawyer in Section 3.D of this Handbook .

rQ91 -

The Bar Standards Board may not require an applicant who is a Registered European Lawyer and who falls within Rule rQ93 or Q94 to pass a Bar Transfer Test unless it considers that the applicant is unfit to practise as a barrister .

rQ92 -

In considering whether to require an applicant who falls within Rule rQ94 to pass a Bar Transfer Test, the Bar Standards Board must:

.1 -

take into account the professional activities the applicant has pursued while a Registered European Lawyer and any knowledge and professional experience gained of, and any training received in, the law of any part of the United Kingdom and of the rules of professional conduct of the Bar; and

.2 -

assess and verify at an interview the applicant's effective and regular pursuit of professional activities and capacity to continue the activities pursued.

rQ93 -

To fall within this Rule rQ93 an applicant must have:

.1 -

for a period of at least three years been a Registered European Lawyer ; and

.2 -

for a period of at least three years effectively and regularly pursued in England and Wales under a Home Professional Title professional activities in the law of England and Wales.

rQ94 -

To fall within this Rule rQ94 an applicant must have:

.1 -

for a period of at least three years been a Registered European Lawyer ; and

.2 -

for a period of at least three years effectively and regularly pursued in England and Wales professional activities under a Home Professional Title; and

.3 -

for a period of less than three years effectively and regularly pursued in England and Wales under a Home Professional Title professional activities in the law of England and Wales.

rQ95 -

For the purpose of this Section 4.B17, activities are to be regarded as effectively and regularly pursued if they are actually exercised without any interruptions other than those resulting from the events of everyday life.

Partial Exemption

rQ96 -

If the Bar Standards Board is satisfied that an applicant falls within Rule rQ97, the Bar Standards Board will:

.1 -

exempt the applicant from the Academic Stage and the vocational stage and, if the Bar Standards Board thinks fit, from part or all of the Professional Stage of training; and

.2 -

if the applicant is exempted from the whole of the non-practising six months of pupillage , issue the applicant with a provisional qualification certificate .

rQ97 -

The following categories of person fall within this Rule rQ97:

.1 -

a person who has been granted rights of audience by another Approved Regulator and is entitled to exercise those rights in relation to any class of proceedings in any of the Senior Courts or all proceedings in county courts or magistrates’ courts in England and Wales;

.2 -

a Qualified Foreign Lawyer who has for a period of at least three years regularly exercised full rights of audience in courts which administer law substantially similar to the common law of England and Wales;

.3 -

a teacher of the law of England and Wales of experience and academic distinction.

Temporary Call to the Bar of Qualified Foreign Lawyers

rQ98 -

A Qualified Foreign Lawyer (“the applicant”) who falls within Rule rQ97.2 is entitled to be admitted to an Inn and called to the Bar on a temporary basis for the purpose of appearing as counsel in a particular case before a court of England and Wales without being required to satisfy any other requirements of this Section 4.B if the applicant has:

.1 -

obtained from the Bar Standards Board and submitted to an Inn a Temporary Qualification Certificate specifying the case for the purposes of which the applicant is authorised to be called to the Bar;

.2 -

duly completed and signed a call declaration in the form prescribed by the Bar Standards Board from time to time; and

.3 -

paid the fee prescribed by the Inn.

rQ99 -

The Bar Standards Board will issue a Temporary Qualification Certificate if the applicant submits to the Bar Standards Board :

.1 -

evidence which establishes that the applicant is a Qualified European Lawyer or falls within Rule rQ97.2;

.2 -

a certificate of good standing ; and

.3 -

evidence which establishes that a Professional Client wishes to instruct the applicant to appear as counsel in the case or cases for the purposes of which the applicant seeks temporary call to the Bar.

rQ100 -

Admission to an Inn and call to the Bar under Rule rQ98 take effect when the applicant is given notice in writing by the Inn that the applicant has been admitted to the Inn and called to the Bar under Rule rQ98 and automatically cease to have effect on conclusion of the case or cases specified in the applicant’s Temporary Qualification Certificate.

B8 - Conduct of Students

rQ101 -

References in this Section to "the Inn" are to any Inn of which the student concerned is a member.

rQ102 -

A student must observe any regulations about conduct and discipline made by the Inn.

rQ103 -

If a student:

.1 -

becomes the subject of pending Criminal Proceedings or is convicted of a Criminal offence , or

.2 -

becomes the subject of pending disciplinary proceedings or is convicted of a disciplinary offence by a professional or regulatory body, or

.3 -

is the subject of a Bankruptcy Order or directors disqualification order or enters into an individual voluntary arrangement with creditors, or

.4 -

is found guilty of an academic offence by a higher education institution (and has not successfully appealed against that finding),

the student must immediately notify the Inn in writing.

rQ104 -

This Rule rQ104 applies where notification is given or a complaint or report is made or it appears to an Inn from information given in the student's call declaration or otherwise that a student of the Inn has or may have:

.1 -

made any false statement or acted in breach of any undertaking given in the student's admission declaration or call declaration ; or

.2 -

while a student:

a -

committed any breach of any regulations made by the Inn concerning the conduct and discipline of its members; or

b -

been convicted of a Criminal offence ; or

c -

been convicted of a disciplinary offence by a professional or regulatory body; or

d -

been the subject of a Bankruptcy Order or directors disqualification order or entered into an individual voluntary arrangement with creditors; or

e -

been found guilty by the course provider of cheating or other misconduct on a Bar Professional Training Course (and has not successfully appealed against that finding); or

f -

otherwise been guilty of any conduct discreditable to a member of an Inn.

rQ105 -

Where Rule rQ104 applies, the Inn:

.1 -

may make any enquiries or require the student to provide such information as it may think fit; and

.2 -

must consider whether the matter is a serious matter .

rQ106 -

If the Inn decides that the matter is not a serious matter , the Inn may deal with the matter under its internal disciplinary procedure and at the conclusion of that procedure may:

.1 -

dismiss any complaint; or

.2 -

decide to take no action; or

.3 -

advise the student as to future conduct; or

.4 -

reprimand the student; or

.5 -

ban the student for a specified period from using some or all of the Inn’s facilities.

rQ107 -

A student may appeal from a decision of an Inn under its internal disciplinary procedure to the Inns’ Conduct Committee.

rQ108 -

If at any stage the Inn decides that the matter is a serious matter , the Inn must refer the matter to the Inns’ Conduct Committee for determination. After determining the matter, the Inns’ Conduct Committee must send a report of its findings and reasons to the student and to the Inn.

rQ109 -

If the Inns' Conduct Committee (or the Bar Standards Board on a review under Section 4.B10) finds a serious matter proved, it may:

.1 -

advise the student as to future conduct; or

.2 -

reprimand the student; or

.3 -

order that the student’s call to the Bar be postponed for a specfied period; or

.4 -

direct that the student be expelled from the Inn (in which case the Inn must expel the student).

rQ110 -

If the Inns' Conduct Committee finds a serious matter proved, the student may ask for a review under Section 4.B10 of the decision of the Inns’ Conduct Committee, provided that the request is made in writing to the Bar Standards Board within one month of the date when notice of the decision was given.

rQ111 -

Where Rule rQ104 applies, the student is not entitled to be called to the Bar:

.1 -

until the Inn has decided that the matter is not a serious matter ; or

.2 -

if the Inn decides that the matter is a serious matter , until the matter has been determined; or

.3 -

if the Inns’ Conduct Committee (or the Bar Standards Board following a review under Section 4.B10) orders that the student’s call to the Bar be postponed for a specified period, until that period has expired.

B9 - Call to the Bar

Requirements for Call

rQ112 -

Subject to Rules rQ111 , rQ113 and, rQ117 a person is entitled to be called to the Bar by an Inn of which that person is a member if that person has:

.1 -

completed or been exempted from the vocational stage of training in accordance with this Section 4.B;

.2 -

complied with any applicable requirement to attend qualifying sessions;

.3 -

submitted to the Inn a duly completed and signed a call declaration in the form prescribed by the Bar Standards Board from time to time; and

.4 -

paid the fee prescribed by the Inn.

rQ113 -

Before deciding whether a person who has complied with Rule rQ112 (“the candidate”) is entitled to be called to the Bar, the Inn:

.1 -

may make any enquiries or require the candidate to provide any further information that it considers relevant;

.2 -

must consider whether Rule rQ104 applies; and

.3 -

if Rule rQ104 applies, must give effect to Rule Q111.

rQ114 -

If the Inn decides that the candidate is not entitled to be called to the Bar, the Inn must inform the candidate of its decision and of the reasons for it.

rQ115 -

If the Inn decides that the candidate is not entitled to be called to the Bar, the candidate may request a review of the decision under Section 4.B10, provided that the request is made in writing to the Bar Standards Board within one month of the date when notice of the decision was given by the Inn.

rQ116 -

If on a review under Section 4.B10 the Bar Standards Board decides that the candidate is entitled to be called to the Bar, the Inn must call the candidate to the Bar.

rQ117 -

Where it is alleged that the call declaration made by a barrister on call is false in any material respect or that the barrister has engaged before call in conduct which is dishonest or otherwise discreditable to a barrister and which was not, before call , fairly disclosed in writing to the Benchers of the Inn calling them or where any undertaking given by a barrister on call to the Bar is breached in any material respect that shall be treated as an allegation of a breach of this Handbook and will be subject to the provisions of Part 5.

Call Days and Procedure

rQ118 -

Calls to the Bar will take place on such days as may be authorised from time to time by the Inns’ Council.

rQ119 -

A candidate must be called to the Bar in person unless given written permission by the Inn to be absent from the call ceremony.

B10 - Review and Appeals

rQ120 -

Where provision is made under this Section 4.B for a review by the Bar Standards Board of a decision, any request for such a review must be accompanied by:

.1 -

a copy of any notice of the decision and the reasons for it received by the person or organisation requesting the review (“the applicant”);

.2 -

where the decision is a decision of an Inn or of the Inns’ Conduct Committee, copies of all documents submitted or received by the applicant which were before the Inn or the Inns’ Conduct Committee (as the case may be);

.3 -

any further representations and evidence which the applicant wishes the Bar Standards Board to take into account; and

.4 -

the prescribed fee

rQ121 -

Where the decision under review is a decision of an Inn or of the Inns’ Conduct Committee, the Bar Standards Board will invite the Inn or the Inns’ Conduct Committee (as the case may be) to comment on any further representations and evidence which the applicant submits under Rule rQ120.3.

rQ122 -

On a review under this Section the Bar Standards Board :

.1 -

may affirm the decision under review or substitute any other decision which could have been made on the original application;

.2 -

may in an appropriate case reimburse the fee paid under Rule rQ120.4; and

.3 -

will inform the applicant and any other interested person of its decision and the reasons for it.

rQ123 -

Where under this Section 4.B provision is made for a review by the Bar Standards Board of a decision, no appeal may be made to the High Court unless such a review has taken place.

rQ124 -

Subject to Rule rQ123, a person or organisation who is adversely affected by a decision of the Bar Standards Board may appeal to the High Court against the decision, in accordance with the Civil Procedure Rules.

B11 - Powers of the Inns

Inns’ Conduct Committee

rQ125 -

Subject to this Section 4.B, the Inns’ Conduct Committee shall have power to carry out the functions specified in the Inns’ Conduct Committee Rules.

rQ126 -

The Inns’ Conduct Committee Rules must be approved by the Bar Standards Board and any amendment to those rules will take effect on:

.1 -

the date when the amendment is approved by the Bar Standards Board ; or

.2 -

such later date as the Bar Standards Board appoints.

rQ127 -

The Bar Standards Board may:

.1 -

issue guidance which the Inns’ Conduct Committee must follow in carrying out its functions; and

.2 -

ask for information about  the performance of those functions which the Inns’ Conduct Committee must provide to the Bar Standards Board .

Other Powers

rQ128 -

Subject to the approval of the Bar Standards Board , an Inn may charge such fees as it prescribes for dealing with applications and calling person s to the Bar under this Section 4.B.

rQ129 -

Any function or power which under this Section 4.B is exercisable by an Inn or by the Inns’ Conduct Committee may be delegated (and sub-delegated) to any committee, body or person to the extent permitted by the standing orders of the Inn or the Inns’ Conduct Committee Rules (as the case may be).

C - THE CPD RULES

The Mandatory Continuing Professional Development Requirements

rQ130 -

For the purpose of this Section 4.C:

.1 -

"calendar year" means a period of one year starting on 1 January in the year in question;

.2 -

"continuing professional development" ("CPD") means work undertaken over and above the normal commitments of a barrister and is work undertaken with a view to developing the barrister's skills, knowledge and professional standards in areas relevant to their present or proposed area of practice in order to keep the barrister up to date and maintain the highest standards of professional practice.

.3 -

"CPD Guidance" means guidance issued by the Bar Standards Board from time to time which sets out the CPD structure with which an EPP barrister should have regard.

.4 -

"EPP" means the Established Practitioners Programme which requires barristers, once they have completed the NPP, to undertake CPD during each calendar year in accordance with these Rules.

.5 -

the “mandatory requirements” are those in Rules Q131 to Q138 below.

.6 -

"NPP" means the New Practitioner Programme which requires barristers to complete CPD in their first three calendar years of practice in accordance with these rules.

.7 -

a “pupillage year” is any calendar year in which a barrister is at any time a pupil.

.8 -

a “learning objective” is a statement of what a barrister intends to achieve through their CPD activities for that calendar year with reference to a specific aim and one or more outcomes.

rQ131 -

Any practising barrister who, as at 1 October 2001, had started but not completed the period of three years referred to in the Continuing Education Scheme Rules at Annex Q to the Sixth Edition of the Code of Conduct must complete a minimum of 42 hours of continuing professional development during their first three years of practice .

Guidance on Rules rQ131

gQ1 -

Rule rQ131 is intended to apply only in those limited circumstances where a barrister started practice before 1 October 2001 but after the NPP first came into force, left practice before completing the NPP, but has since returned. Rule rQ131 requires them to finish their NPP during whatever is left of their first three years of practice .

rQ132 -

Any practising NPP barrister who starts practice on or after 1 October 2001 must during the first three calendar years in which the barrister holds a practising certificate after any pupillage year complete a minimum of 45 hours of CPD.

Guidance on Rule Q132

gQ2 -

NPP barristers should have regard to rQ137 and the NPP guidance which will note the details of any compulsory courses the NPP barristers must complete. It also provides guidance as to the types of activities that count towards CPD.

rQ133 -

Subject to Rule Q136, any EPP barrister who holds a practising certificate or certificates during a calendar year must undertake CPD.

rQ134 -

An EPP barrister who is required to undertake CPD must:

.1 -

prepare a written CPD Plan setting out the barrister's learning objectives and the types of CPD activities they propose to undertake during the calendar year

.2 -

keep a written record of the CPD activities the barrister has undertaken in the calendar year

.3 -

keep a written record in the CPD Plan for each calendar year of:

a. -

the barrister's reflection on the CPD they have undertaken;

b. -

any variation in the barrister's planned CPD activities; and

c. -

the barrister's assessment of their future learning objectives.

.4 -

Retain a record of the CPD Plan and completed CPD activities for three years.

.5 -

submit to the Bar Standards Board an annual declaration of completion of CPD in the form specified by the BSB.

Guidance on Rules Q133 and Q134

gQ3 -

EPP barristers who are required by these Rules to undertake CPD should refer to the CPD Guidance. The CPD Guidance provides further detailed information which EPP barristers should have regard to when planning, undertaking and recording their CPD. The CPD Guidance is not prescriptive. Its purpose is to provide a structure that would represent good practice for most barristers when considering their CPD requirements.

gQ4 -

The CPD Guidance explains that these Rules do not specify a minimum number of CPD hours which an EPP barrister must undertake in a calendar year: it is the responsibility of the individual barrister to determine the CPD activities they will undertake in order meet the requirements of CPD. The Bar Standards Board will assess and monitor barristers' compliance with CPD.

gQ5 -

The underlying principle behind the requirement to plan CPD and set learning objectives is that barristers consider their own circumstances and development needs when they complete CPD activities. This best ensures that activities completed contribute to the development of the barrister’s practice.

rQ135 -

Upon the request of the Bar Standards Board, a barrister must produce their CPD Plan and record of CPD activities for assessment.

rQ136 -

Rule Q133 does not apply:

.1 -

in the case of a barrister to whom Rule Q131 applies, to any calendar year forming or containing part of the period of 3 years referred to in Rule Q131;

.2 -

in the case of a barrister to whom Rule Q132 applies, during any pupillage year or during the first three calendar years in which the barrister holds a practising certificate .

rQ137 -

The Bar Standards Board may, by resolution, specify the nature, content and format of courses and other activities which may be undertaken by barristers (or by any category of barristers) in order to satisfy the mandatory requirements.

rQ138 -

The Bar Standards Board may, by resolution and after consultation with the Inns, Circuits and other providers as appropriate, vary the minimum number of hours of CPD which must be completed by an NPP barrister in order to satisfy any of the mandatory requirements.