New law opens crown prosecutor roles to more CILEX lawyers

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The new Victims and Court Act has opened the door for more CILEX lawyers to become crown prosecutors – a move that could help “alleviate shortages and tackle the massive backlogs we are facing in the criminal courts”, according to CILEX (The Chartered Institute of Legal Executives) President Sara Fowler.

The act, which received royal assent on 30 April, will change current qualification requirements, broadening access to senior Crown Prosecution Service (CPS) roles. Currently, crown prosecutors must hold a general qualification granting a right of audience in relation to any class of proceedings in any of the senior courts or all proceedings in county or magistrates’ courts. Unlike solicitors, CILEX lawyers don’t automatically hold this qualification due to their specialised route.

As a result, before the new legislation, CILEX criminal lawyers had to obtain an additional qualification covering areas of law outside their practice to progress, meaning many reach a ceiling at associate prosecutor level. However, clause 9 of the new act removes the need for the general qualification, giving 111 CILEX members working as associate prosecutors the chance to progress and allowing other CILEX members the opportunity to join the CPS for the first time. 

CILEX has outlined the benefits of the act, noting that it removes the need for the CPS to fund additional cross‑qualification for lawyers, reducing training costs. It also highlighted that, given the diversity of CILEX’s membership, the change could support greater equality and diversity within the CPS.

Fowler commented: “Removal of the general qualification requirement is recognition of the key role CILEX members play in our justice system and their specialist skills and expertise. It will open up career opportunities for CILEX members, encourage recruitment and retention and enable the CPS to attract more lawyers from backgrounds traditionally underrepresented in the legal profession.”

The CPS change follows a number of recent legislative and policy reforms affecting the CILEX profession. In 2023, amendments to the Judicial Appointments Order 2008 widened access to senior judicial posts for CILEX lawyers, while the Powers of Attorney Act introduced provisions allowing them to certify copies of powers of attorney.

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