C4.2: Rights of Audience in the Criminal Courts

Interpretation

4.2.1 In this rule 4.2, unless the context otherwise requires, terms listed in the first column of rule 4.2.1 shall have the meanings respectively ascribed to them in the second column of that rule:

Application for admission to the course of training

4.2.2 Prior to submitting an application for admission to the course of training an applicant must demonstrate completion of the introductory course.

4.2.3 An application for admission to the course of training shall be submitted in such form as the Council may prescribe from time to time.

4.2.4 The Council will determine applications for admission to the course of training and shall notify the applicant of its decision. Where the Council decides to refuse an application for admission to the course of training, the notification shall state the reasons for that refusal.

Course of Training in Evidence and Pleading

4.2.5 The following matters are to be included in the course of training:

(a) the practical applications of the law of evidence in connection with the presentation of cases in the Court;

(b) the procedure employed in the Court;

(c) the presentation by applicants to the persons conducting the course of examples of oral advocacy in the manner required by the Court.

4.2.6 The methods of instruction to be employed in the course of training are:-

(a) lectures, the provision of written instructional material and audio visual or other practical demonstration by the persons conducting the course upon the matters specified in rule 4.2.2;

(b) attendance for a period, to be specified by the course convener, of up to six days sitting in on proceedings in the High Court of Justiciary, not being proceedings involving the applicant or any member or employee of the applicant's practice unit unless the convener shall direct otherwise, observing, with or without the supervision of the persons conducting the course of training, the manner in which cases are conducted in that court;

(c) discussion of the applicant's performance by the persons conducting the course based on observation and assessment of the applicant's presentation of oral advocacy.

4.2.7 The persons who conduct the course of training shall be:

(a) solicitors or advocates of at least 5 years standing; or

(b) persons who have been employed at a university in Scotland for at least 5 years full-time during the last 10 years;

and who have experience in the matters specified in rule 4.2.5.

Demonstration of Knowledge

4.2.8 An applicant's knowledge shall be demonstrated by evidence that he has:-

(a) passed in not more than two attempts a written examination set by examiners appointed by the Council within 30 months of the relevant date; or

(b) passed examinations for admission to the Faculty of Advocates which are considered by the Council to be equivalent to the written examination referred to above.

4.2.9 The examiners appointed by the Council for the purposes of rule 4.2.5 shall be solicitors with a right of audience in the Court or advocates or Professors of Law in a university in Scotland, in each case of at least 10 years standing.