JAG to consult on 'minor changes' to QASA

The contentious Quality Assurance Scheme for Advocates (QASA) is once again in the spotlight following the launch of a new consultation on 'minor changes' to its contents.

The Joint Advocacy Group (JAG), consisting of legal regulators the Bar Standards Board (BSB), the Solicitors Regulation Authority (SRA), and CILEx Regulation are seeking input on changes to QASA ahead of the first phase of its implementation.

A JAG spokesperson said: 'We are committed to implementing QASA as soon as possible. The consultation is the first phase of that implementation. More detail will be provided in due course about how advocates can register.'

QASA intends to score criminal barristers during trials and prevent those without QASA accreditation from acting in cases. Critics had argued that barristers could be reluctant to appear in criminal cases because of the pressures of being scored on their performance.

Benjamin Knight, a barrister at Central Chambers, told SJ in October 2014: 'What people must understand is that advocacy is already subject to scrutiny and assessment. An advocate is only as good as his last case. That principle has held true for centuries.'

In June the Supreme Court ruled the scheme was lawful following a lengthy legal challenge from barristers who believed it undermined fundamental principles of independence.

The judgment in the Divisional Court included recommendations for minor changes to improve QASA's operation and ensure that the obligations on individual advocates were clear.

The recommendations raised in the judgment include:

'¢ An amendment to the criminal advocacy evaluation form (CAEF) to require an advocate to identify when they were first instructed;

'¢ An amendment to the CAEF to require an advocate to identify whether advice on evidence was provided;

'¢ An amendment to the scheme handbook, to permit a judge to decline to carry out an evaluation if they believe it would not be fair to do so. In that event, the evaluation would be made at the next trial; and

'¢ An amendment to the handbook, to provide that in the event of a third judicial evaluation becoming necessary it should be carried out at the first trial conducted by the advocate in front of a different judge to those who conducted the previous assessments.

The court also recommended the scheme's written material be reviewed to remove areas of ambiguity. In addition, the Court of Appeal called for clarification of the right of appeal in the BSB's QASA rules and appeal policy.

The JAG said welcomed the Ministry of Justice (MoJ) consultation on proposals to maintain standards of criminal advocacy.

The advocacy group added it was critical JAG ensured QASA was ready to be implemented to complement any panel scheme operated by agencies such as the Legal Aid Agency (LAA) or the Crown Prosecution Service (CPS).