Giving CILEX members the opportunity to gain higher rights of audience would have a positive impact on the sustainability of legal services and open up career opportunities in both the Crown Prosecution Service (CPS) and the judiciary, CILEX has argued.

Such a change would have “potentially far-reaching consequences” for the profession.

CILEX practitioners can currently obtain litigation and advocacy rights for the lower courts. CILEx Regulation has consulted on whether to seek the power to grant such practitioners higher rights of audience as well for criminal or civil work (family lawyers who want higher rights will be able to take the civil route).

CILEX has long advocated for the removal of barriers to its Associate Prosecutor members’ ability to progress their careers to become Crown Prosecutors – a move that would significantly widen the pipeline of available prosecuting lawyers at a time when the CPS is experiencing a recruitment crisis.

CILEX said this was “a significant component of the conversation we have been driving with the Ministry of Justice and the CPS”.

Surveys by both CILEX and CILEx Regulation have shown overwhelming support among members for higher rights. CILEX expects the ability to gain higher rights of audience will drive up the number of members applying to become Associate Prosecutors, Crown Prosecutors and, in time, judges.

Under the proposals, members seeking higher rights of audience would have to complete additional training and assessment, and complete at least one renewal period of their existing advocacy rights before applying.

CILEX urged the regulator to consider how it might expedite members who have only criminal advocacy rights and not litigation rights and are therefore not eligible to apply as the rules are currently envisaged. It also highlighted the importance of “greater clarity and detail of the related rules and practical arrangements required to educate and inform” those eligible to apply.

CILEX Chair Professor Chris Bones said: “Plans to give specialist CILEX Lawyers the ability to acquire higher rights of audience have the potential to open up new career paths for our members both at the CPS, and in the longer term, the judiciary. The impact of widening the pool of potential judges and prosecutors cannot be underestimated at a time when a lack of specialist lawyers is adding to court backlogs and is putting enormous strain on our already creaking justice system.

“This move would be an important step in recognising the equivalence of CILEX-qualified lawyers to other lawyers and in doing so, shoring up the long-term sustainability of the legal services market.”

If CILEx Regulation moves ahead with its plans, it will then need to seek approval from the Legal Services Board.