The Magistrates Court Qualification (MCQ) is Part 2 of the Criminal Litigation Accreditation Scheme. The Police Station Qualification (PSQ) is part 1 of this scheme.

1) Who can take the PSQ?

Qualified Solicitors ONLY.
(Unqualified solicitors - Please refer to the Police Station Accreditation Scheme)

2) Why do they need to do the PSQ scheme?

So they are able to attend at the police station to advise publicly-funded clients and be paid for the same by the LSC. Currently, only people who have obtained Police Station Accreditation, are Probationary Representatives in the process of obtaining Police Station Accreditation, or have obtained the PSQ can be paid by the LSC for representing publicly-funded clients at the police station

It is also necessary for solicitors who wish to apply to join a duty scheme, who have not already completed the Police Station Accreditation Scheme prior to qualifying as solicitors.

To apply to join a duty scheme solicitors will need to pass both Parts 1 and 2.

3) What are the elements involved?

• A 5-case portfolio consisting of case reports of own-client police station attendances advising clients
• 1 verbal examination called the critical incident test (CIT)

4) How much does it cost?

5) What venues do you hold the Critical Incident test?

CLT tries to accommodate delegates all over the UK. We run the examination in the following venues:

• London - being the main venue
• Birmingham
• Manchester

6) Are you given any help with the portfolio?

CLT provides detailed guidance notes on how to conduct the portfolio.
We also recommend that delegates attend CLT’s portfolio preparation day.

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7) What cases can I use in my portfolio?

• Summary Offences
• Either Way Offences
• Indictable only offences

8) What cases can I NOT use in my portfolio?

• Referred duty cases
• Co - defendants (to create separate cases)
• Telephone advice
• Prison Visits
• Cases not conducted at the police station

9) Which preparation courses will help me towards the PSQ?

10) What is the marking procedure for portfolios and CITs?

All portfolios and CIT recordings are first marked by a CLT-approved assessor. All borderline passes and borderline fails are second-marked by a further assessor. All fails and borderline results are then reviewed by an external Law Society moderator. Finally, before a result is confirmed, the Test Board hold a meeting (comprised of the assessors, the Law Society Moderator and CLT) to ratify all results.

It is due to the rigorous nature of the marking procedure, and the number of assessors who consider failed and borderline portfolios/CITs, that there are no appeals against results. The academic decision of the Test Board is final.

11) How many days until my results are sent out?

40 working days not including weekend and bank holidays.

12) Can I obtain my results over the telephone?

Due to the data protection act results are not given over the telephone in any circumstances.

13) Can I get my CIT recording or portfolio back?

Under schedule 7(9) of the Data Protection Act universities and colleagues do not have to provide exam scripts or the information recorded in them. If you fail your portfolio this will be returned to you in order for you to re-submit the same as part of a portfolio re-submission. All passed portfolios and all CIT recordings are retained by CLT and destroyed after 12 months.

14) Are there time limits for completion of the PSQ?

Both elements need to be passed within 12 months of each other. For example, if the portfolio is passed on 1 June 2010, the CIT must be passed by 31 May 2011. If the candidate does not meet this deadline, s/he will have to re-commence the scheme, which would include the submission of a fresh portfolio or re-taking the CIT.

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15) When will I be able to claim from the LSC for my attendances on publicly-funded clients?

Unlike with the Police Station Accreditation Scheme, there is no provision for a solicitor to be a “Probationary Representative” on the PSQ scheme. You would therefore not be able to claim from the LSC until you have gained the PSQ qualification in its totality.

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16) Will I receive a certificate?

CLT do not issue certificates. Once both elements of the PSQ and both elements of the MCQ have been passed, solicitors should apply to the Solicitors Regulation Authority (SRA) for their certificate. A CLAS 1 application form can be downloaded from their website at www.sra.org.uk. This will need to be completed and sent to the SRA with payment and copies of result letters confirming that all elements have been passed.

If a solicitor does not wish to join a duty scheme and therefore does not intend to complete the MCQ, s/he can apply to the SRA for just a PSQ certificate and pay half of the fee.

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17) Is there an “expiry date” with the PSQ?

If a solicitor intends to join a duty scheme and therefore complete both parts of the Criminal Litigation Accreditation Scheme - the PSQ and MCQ - the Law Society require that s/he passes both parts and applies for their certificate within 3 years.

If a Solicitor does not intend to join a duty scheme and simply wants the PSQ in order to represent publicly-funded clients at the police station, the PSQ certificate will be valid for 5 years.

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18) Who can take the MCQ?

Qualified Solicitors who have been admitted in England and Wales for at least 6 months and have experience of criminal defence work in the Police Station and Magistrates Court. A solicitor MUST have a current practicing certificate.

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19) Why do they need to do the MCQ scheme?

So they can qualify for membership of the Criminal Litigation Accreditation Scheme (CLAS) (stage 1). They can then apply to their LSC regional office for inclusion on one or more Duty Solicitor schemes (subject to the CDS Duty Solicitor Arrangements).

To apply to join a duty scheme solicitors will need to pass both the PSQ and the MCQ.

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20) What are the elements involved?

• A 25-case portfolio consisting of case reports of their personal Magistrates Court attendances. This is comprised of 20 short-note cases and 5 detailed cases.
• 1 verbal examination - the Interview & Advocacy Assessment

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21) How much does it cost?

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22) At what venues do you hold the Interview & Advocacy Assessment?

CLT tries to accommodate delegates all over the UK, so we run the examination in the following venues:

• London - being the main venue
• Birmingham
• Manchester

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23) Are you given any help with the portfolio?

CLT provides detailed guidance notes on how to complete the portfolio, as well as provide a one-day course with an experienced lecturer called MCQ - The Portfolio course.

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24) What cases should I use in my portfolio?

Your short note cases must include:

• 5 summary only offences
• 5 either-way offences
• Indictable only offences can be included but are not required

They must show that you have appeared in more than one Magistrates’ Court and, on at least one occasion, e.g. a Youth Court. Further, you must demonstrate that you have experience of appearing for more than one client during the course of a court session.

Your detailed cases must include:

• At least 1 summary only offence
• At least 1 either-way offence
• Indictable only offences can be included but are not required

They must also include:

• 1 bail application
• 1 advice on plea
• 1 advice and/or representation on venue
• 1 procedural application
• 1 plea in mitigation

(one case may involve more than one of these elements)

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25) What cases can I NOT use in my portfolio?

• Cases involving Higher Court
  

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26) What is the marking procedure for portfolios and Interview & Advocacy Assessments?

All portfolios are first marked by a CLT-approved assessor. All borderline passes and borderline fails are second-marked by a further assessor. All fails and borderline results are then reviewed by an external Law Society moderator. Finally, before a result is confirmed, the Test Board hold a meeting (comprised of the assessors, the Law Society Moderator and CLT) to discuss and ratify all results.

All Interview & Advocacy Assessments are live-marked at the venue. One assessor will watch and assess your interview and another will play the role of a District Judge and assess your advocacy. As with portfolios, all borderline passes and borderline fails are second-marked by a further assessor and all borderlines and fails are reviewed by an external Law Society moderator. They are also discussed and ratified at the same Test Board meeting that deals with the portfolios.

It is due to the rigorous nature of the marking procedure, and the number of assessors who consider failed and borderline portfolios/assessments, that there are no appeals against results. The academic decision of the Test Board is final.

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27) How many days until my results are forwarded to me?

We endeavour to dispatch results within 40 working days not including weekend and bank holidays.

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28) Can I obtain my results over the telephone?

Due to the Data Protection Act results are not given over the telephone in any circumstances.

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29) Can I get my portfolio or the dvd of my Interview & Advocacy assessment back?

Under schedule 7(9) of the Data Protection Act universities and colleges do not have to provide exam scripts or the information recorded in them. If you fail your portfolio this will be returned to you in order for you to re-submit the same as part of a portfolio re-submission. All passed portfolios and all Interview Advocacy discs are retained by CLT and destroyed after 12 months.

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30) Are there time limits for completion of the MCQ?

Both elements need to be passed within 12 months of each other. For example, if the portfolio is passed on 1 June 2010, the Interview & Advocacy Assessment must be passed by 31 May 2011. If the candidate does not meet this deadline, s/he will have to re-commence the scheme, which would include the submission of a fresh portfolio or re-taking the Interview & Advocacy Assessment.

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31) Do I need to have been qualified for 6 months before I can start my portfolio cases?

No. You can commence your portfolio as soon as you are able to attend the Magistrates’ Court. However you cannot submit it for assessment until you have been qualified for at least 6 months.

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32) Will I receive a certificate?

CLT do not issue certificates. Once both elements of the PSQ and both elements of the MCQ have been passed, solicitors should apply to the Solicitors Regulation Authority (SRA) for their certificate. A CLAS 1 application form can be downloaded from their website at www.sra.org.uk. This will need to be completed and sent to the SRA with payment and copies of result letters confirming that all elements have been passed.

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33) Is there an “expiry date” with the MCQ?

If a solicitor intends to join a duty scheme and therefore complete both parts of the Criminal Litigation Accreditation Scheme - the PSQ and MCQ - the SRA require that s/he passes both parts and applies for their certificate within 3 years.

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