Section 1: Introduction to the Academic Stage / 3
Overview...... / 3
The Bar Standards Board...... / 3
Content of the Academic Stage...... / 3
Further information...... / 4
Section 2: Completion of the Academic Stage through a Qualifying Law Degree / 5
Overview...... / 5
Recognition of a Qualifying Law Degree...... / 5
The minimum standard and the exercise of discretion...... / 5
Time-limits for completion of a Qualifying Law Degree...... / 6
The pass mark...... / 6
Marginal failure...... / 6
Deemed passes...... / 7
Maximum number of attempts...... / 7
Credit Transfer Rules...... / 7
Exemption from foundation subjects...... / 8
Section 3: Completion of the Academic Stage through the Common Professional Examination/Graduate Diploma in Law / 9
Overview...... / 9
Eligibility...... / 9
Recognition of a Common Professional Examination / Graduate Diploma in
Law ...... / 9
The minimum standard and the exercise of discretion...... / 9
Deemed passes ...... / 10
Certificates of Academic Standing...... / 10
Time-limits for completion of the Common Professional Examination...... / 11
Maximum number of attempts...... / 11
Credit Transfer...... / 11
Exemptions from the Academic Stage of training for the Bar...... / 11
Section 4: Completion of the Academic Stage and the commencement of the Vocational Stage / 13
Summary...... / 13
Non-completion of the Academic Stage...... / 13
Stale qualifications...... / 13
Section 1: Introduction to the Academic Stage
Overview
1.1 Qualification for practice as a barrister consists of the following stages:
i) The Academic Stage
ii) The Vocational Stage
iii) The Professional Stage
1.2 The Academic Stage is usually completed either by undertaking a recognised Qualifying Law Degree (“QLD”) or by undertaking another acceptable degree and then passing a Common Professional Examination (“CPE”) or a Graduate Diploma in Law (“GDL”). This book sets out the various rules, regulations and policies that govern completion of the Academic Stage for the purpose of qualification as a barrister.
The Bar Standards Board
1.3 The Bar Standards Board is the regulatory arm of the General Council of the Bar and is responsible for the education and training requirements for barristers. The requirements are set out in the Bar Training Rules (section 4B of the BSB Handbook).
1.4 The BSB works together with the Solicitors Regulation Authority (“SRA”) on the Academic Stage, although requirements are not always identical. For example, the two bodies jointly approve QLDs; however, each body has slightly different rules for completion of the Academic Stage. For example, a student who is awarded a third class in a QLD will have completed the Academic Stage for the purpose of the SRA, but not for the purpose of the BSB, and so will be eligible to proceed to qualification as a solicitor, but not as a barrister.
1.5 The BSB has delegated authority in relation to individual student applications to the Academic Stage Panel of the Qualifications Committee.
It is never safe to assume that completion of the Academic Stage for the purpose of the SRA equates to completion of the Academic Stage for the purpose of the BSB.
Content of the Academic Stage
1.6 The purpose of the Academic Stage is to ensure that those who wish to qualify as barristers have both an appropriate level of academic ability and a sufficient body of knowledge and understanding of English law, which may be assumed and built upon during the Vocational Stage.
1.7 The Academic Stage covers the following foundations of legal knowledge (“foundation subjects”):
i) Public Law (including Constitutional Law, Administrative Law and Human Rights)
ii) Law of the European Union
iii) Criminal Law
iv) Obligations (including Contract, Restitution and Tort)
v) Property Law
vi) Equity and the Law of Trusts
Further information
1.8 Where this document suggests that you contact the BSB’s Academic Stage Office, or for any other general information on the Academic Stage, please contact
The Bar Standards Board
289-293 High Holborn
London
WC1V 7HZ
Tel: 020 7611 1444
Fax: 020 7831 9217
www.barstandardsboard.org.uk
Application forms, general application guidelines and other reference documents, and CPE/GDL/QLD course lists are available at:
http://www.barstandardsboard.org.uk/qualifying-as-a-barrister/forms-and-guidelines/academic-stage-forms/
Applicants intending to commence the Bar Professional Training Course in 2015 must submit any outstanding Academic Stage application forms, with the appropriate fee(s), by 28 August 2015.
Applicants failing to comply with this deadline will not be permitted to register on the 2015 BPTC.
Section 2: Completion of the Academic Stage through a Qualifying Law Degree
Overview
2.1 In order to complete the Academic Stage through a QLD for the purpose of qualifying as a barrister, a student must:
i) hold a degree that is recognised as a QLD;
ii) have been awarded the degree at or above the minimum standard;
iii) have completed the degree within the designated time-limits;
iv) have passed all of the foundation subjects at the required level;
v) not have exceeded the maximum number of attempts at any one foundation subject;
vi) have completed the whole degree at one institution, or, if not, have done so within the Credit Transfer rules; and
vii) not have reached the time after which a QLD is considered to be ‘stale’.
2.2 Further details of each of these requirements are set out below.
Recognition of a Qualifying Law Degree
2.3 A degree will be recognised as a QLD if it satisfies the requirements set out in the Joint Statement 1999. A list of QLD courses is available from the BSB and can be downloaded from its website.
The minimum standard and the exercise of discretion
2.4 The minimum standard for a QLD undertaken for the purpose of completion of the Academic Stage for qualification as a barrister is lower second class honours (ie “a II(ii)”).
2.5 The BSB has a special discretion to allow students to proceed without meeting the minimum standard. This discretion will only be exercised rarely and where there are exceptional circumstances. The following are the criteria that must be met in order for discretion to be exercised:
i) there is clear evidence (in terms of the majority of grades achieved, especially in the foundation subjects) that the student is academically of second class quality overall;
ii) it appears that the student’s failure to achieve a second class degree was directly attributable to a temporary cause which prevented/impeded him/her fulfilling his/her full academic potential, which can be securely demonstrated as not having already been taken into account by the awarding institution in the award of the third class degree, for good reason beyond the student’s control: mitigating circumstances will not be taken into consideration twice;
iii) it plainly appears that this cause is not of such a character as to render the student unsuitable to practise at the Bar; and
iv) there is clear motivation to qualify and practise at the Bar.
2.6 The application form for the exercise of discretion may be obtained from the Academic Stage Office, or directly from the Academic Stage section of the BSB website. Students are advised not to apply unless they believe that they meet all of the above criteria; however, the fact that these criteria are met will not guarantee approval.
Time-limits for completion of a Qualifying Law Degree
2.7 From 1 September 2011, the maximum time limit for completion of a QLD (studied either full-time, part-time or by distance learning) is six years.
2.8 A QLD that falls outside the period specified above may very exceptionally be recognised by the BSB. The application form for this purpose may be obtained from the Academic Stage Office, or directly from the Academic Stage section of the BSB website.
2.9 Where a student has completed their degree within a shorter length of time than the prescribed study period for the course (eg by completing a three-year degree in two years), the degree may very exceptionally be recognised by the BSB. The application form for this purpose may be obtained from the Academic Stage Office, or directly from the Academic Stage section of the BSB website.
The pass mark
2.10 All foundation subjects on a QLD must be passed with at least 40%, regardless of any lower pass mark set by institutions. If an institution has a pass mark below 40%, it must ensure that all students who are intending to qualify as barristers are aware that they must obtain at least 40% in each foundation subject.
Marginal failure
2.11 Subject to a maximum of three attempts, students should re-sit within their degree any foundation subjects where they have obtained less than 40%; however, the BSB may condone a single marginal failure of a foundation subject where the mark obtained is within 5% of the QLD pass mark of 40% (ie 35% or above). Such requests will only be considered in the event of exceptional extenuating circumstances, and where there is clear evidence that the mark obtained is not a true reflection of the student’s ability.
2.12 The application form for condonation may be obtained from the Academic Stage Office, or directly from the Academic Stage section of the BSB website.
2.13 Where a student has not only marginally failed a foundation subject, but has also failed or been compensated/condoned by the awarding institution in one or more other subject(s) within a degree programme, the BSB is unlikely to condone the marginally failed subject.
2.14 If an application for this condonation is not received, or is refused by the BSB, the student will be required to pass the relevant foundation subject at the institution which awarded the degree (if this can be arranged) or to pass the whole of the relevant subject in the CPE/GDL in place of the failed subject, within the maximum of three attempts and subject to the degree being awarded at lower second class honours or above. Any student undertaking the CPE/GDL route for this purpose must first apply for and obtain a Certificate of Partial Exemption from the Academic Stage of training from the BSB (please see para 3.22).
2.15 Where the failure is not marginal, subject to the degree being awarded at lower second class honours or above, the student will normally be required to pass the relevant subject in the CPE/GDL having first obtained partial exemption from the Academic Stage of training as described in para 3.22.
Deemed passes
2.16 Where a graduate has been awarded a law degree but through illness, bereavement or other substantial cause beyond his/her control has either failed, or not taken certain foundation subject(s), the BSB may, in very exceptional circumstances, deem such a student to have passed that subject(s) and thus be awarded a QLD.
2.17 The application form for acceptance of a deemed pass or passes may be obtained from the Academic Stage Office, or directly from the Academic Stage section of the BSB website.
Maximum number of attempts
2.18 The maximum number of attempts permitted for any foundation subject is normally three. Where all three attempts have been exhausted, either within a law degree, the CPE/GDL or a combination thereof, the Academic Stage can only be satisfied by completing a full QLD or CPE/GDL programme afresh. In exceptional circumstances, the BSB may accept additional attempts at foundation subjects. Please contact the Academic Stage Office for further advice. The application form for acceptance of additional attempts at foundation subjects may be obtained from the Academic Stage Office, or directly from the Academic Stage section of the BSB website.
2.19 Where a foundation subject is taught and assessed as two separate units (ie Criminal Law I and Criminal Law II), students are permitted three attempts at each unit, rather than collectively for the subject.
Credit Transfer Rules
2.20 Students may transfer credit from the law degree of one UK QLD institution to the law degree of another UK QLD institution provided that the student has successfully passed all of the necessary assessments for the relevant academic year before transferring to the new institution. In such circumstances, the final degree will be accepted provided that the student has passed all foundation subjects and the degree has been awarded with at least lower second class honours.
2.21 The following are examples of the effect of the Credit Transfer Rules:
· A student who has passed the whole of year one at university X may transfer these credits to university Y and complete the second and third years there.
· A student who has passed all of years one and two at university X may transfer these credits to university Y and complete the third year there.
· A student who has passed only part of year one at university X may not transfer these credits to university Y and offer passes at university Y in place of subjects failed at university X.
· A student who has passed the whole of year one at university X but has failed part or all of year two at university X may not transfer the credits from year one to university Y and complete the second and third years there.
· A student who has passed all of years one and two at university X but failed all or part of year three may not transfer credits for years one and two at university X to university Y and undertake the third year again.
2.22 Students who transfer credit from one institution to another are required to apply for a Credit Transfer Certificate of Academic Standing once the degree has been completed and awarded to ensure that the credit transfer may be confirmed as acceptable, and that the degree awarded meets the Bar’s minimum entry requirement. A full transcript listing all subjects taken and all marks obtained during all years of the degree from both institutions must accompany this application. The application form for this purpose may be obtained from the Academic Stage Office, or directly from the Academic Stage section of the BSB website.
2.23 It is entirely a matter for the two institutions concerned, and the student involved in the credit transfer, to liaise and for the transferee institution to ensure that it satisfies itself regarding the subjects for which it proposes to give credit. The BSB does not play a role in this process.
Exemptions from foundation subjects