New regulatory approach to improve advocacy standards within Youth Courts

The regulator has just published new guidance for barristers working in youth proceedings based on a set of essential competences expected of all advocates working with young people.The first phase of the new regulation has been developed in the light of the Youth Advocacy Proceedings research commissioned by the BSB and published in November 2015.

Phased approach

The BSB’s phased approach will involve introducing a compulsory registration scheme later this year for barristers practising in the Youth Courts, in response to claims in the BSB research report that standards are variable. Registration will allow the regulator to identify all barristers who are working in the Youth Courts and, where necessary, to take steps to ensure that they have the specialist skills, knowledge and attributes that are crucial when working with young people.

A matter of priority, says BSB 

The BSB believes that this work is a priority, given the variable standards of advocacy the research found within the Youth Courts and the vulnerability of the young people involved. It has worked with interested parties across the youth justice sector to develop these competences.BSB Director of Regulatory Assurance Oliver Hanmer said: 'As the recent report by Charlie Taylor for the Ministry of Justice also found, there is overwhelming support for further regulation in the interests of vulnerable young people in the justice system.We believe we have devised a proportionate approach to regulation which ensures that these young people can receive the quality of advocacy that they need whilst also recognising the demands that practising in the Youth Courts presents.'

Calls to Ministry of Justice

However, BSB Chair Sir Andrew Burns called upon the Ministry of Justice to look at the value that the justice system in England and Wales places more generally on Youth Court work in order to ensure that young people, at a very vulnerable moment in their lives, always have access to the highest standards of legal representation. Source:  Youth Proceedings Competences and guidance