17.8Under QASA a common set of standards will apply to all advocates regardless of their route to qualification. There are four levels in the scheme, from level one, which covers cases in the magistrates’ courts, up to level four, which covers the most complex cases in the Crown Court. Standards and performance indicators have been spelt out for each of the four levels.

17.9Advocates can choose to progress through the levels or to remain at a particular level (in which case they will be required to be reaccredited every five years). Solicitors meet level one on qualification, but will need to be reaccredited after five years, (unless they progress to level two or above). Initially, advocates will self-assess their level of competence, and will subsequently be required to prove their competence at that level through assessment. Progression is achieved through judicial evaluation.

17.10QASA was challenged but found to be lawful by the Supreme Court,1R (Lumsdon and others) v Legal Services Board [2015] UKSC 41. though the court case caused delays in implementation. In October 2015 the Ministry of Justice consulted on introducing its own quality scheme for criminal advocacy (as well as introducing various restrictions on the conduct of advocacy). As we went to press the Ministry of Justice had made no final policy announcement arising from the consultation. However, it appears QASA implementation is awaiting a decision on the plans.