The Supreme Court has unanimously dismissed an appeal against the Legal Services Board over its plans to force criminal advocates, including QCs, to take part in an accreditation scheme.
The Quality Assurance Scheme for Advocates provides for the assessment of criminal advocates, with full accreditation at the upper levels depending on an assessment as “competent” by a trial judge.
Criminal barristers sought judicial review on the basis the LSB’s decision to introduce the scheme breached the part of the Provision of Service Regulations 2009 which implement Directive 2006/123/EC on services in the internal market. The Directive stipulates that authorisation schemes must be justified in the public interest and that “the objective pursued cannot be attained by means of a less restrictive measure”.
Giving their judgment in R (on the application of Lumsdon) v LSB [2015] UKSC 41, Lord Reed and Lord Toulson said the Board’s judgment that the level of risk presented by a self-certifying scheme was unacceptable did not fall outside the appropriate margin of appreciation given to member states.
