Rights of audience - Rights of audience in different courts

Learning Outcomes

This article provides a comprehensive understanding of who possesses rights of audience in the courts and tribunals of England and Wales. It explains the legal definition of a right of audience, distinguishes systematically between rights in lower courts, higher courts, and specialist tribunals, and details the requirements, assessments and formalities for solicitors to obtain higher rights of audience. It outlines the position of barristers, chartered legal executives and other authorised advocates, and highlights rights of audience as a reserved legal activity under the Legal Services Act 2007. The article examines the ethical and professional duties that govern advocacy, the consequences of acting without proper authorisation, and how these issues interact with binding precedent, statutory interpretation and appellate structures. It also reviews the impact of key constitutional principles—parliamentary sovereignty, the rule of law, separation of powers and judicial independence—on who may appear before which court. Overall, the article focuses on applying these principles to realistic SQE1-style scenarios across criminal, civil and public law contexts, enabling accurate analysis of rights of audience at every stage of the court hierarchy.

SQE1 Syllabus

For SQE1, you are required to understand rights of audience in different courts in England and Wales, with a focus on the following syllabus points:

• the definition and significance of rights of audience in the courts of England and Wales
• identification of which legal professionals and non-professionals have rights of audience in specific courts
• the distinction between rights of audience in lower courts (magistrates’, county) and higher courts (Crown, High Court, Court of Appeal, Supreme Court)
• requirements, assessments, and formalities for solicitors to obtain higher rights of audience
• the rights of barristers, chartered legal executives, and other regulated advocates
• the operation of reserved activities including the exercise of a right of audience and conduct of litigation under the Legal Services Act 2007
• the role and impact of rights of audience in tribunals and alternative judicial fora
• the ethical duties of advocates in court, including honesty and integrity as mandated by professional codes of conduct
• the procedural and substantive consequences of acting without proper rights of audience
• statutory, case law, and precedent-based structures for approaching advocacy and appeals
• the impact of core public law principles (separation of powers, rule of law, parliamentary sovereignty) and statutory structure on rights of audience and judicial hierarchy

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which courts can a solicitor automatically appear in without higher rights of audience?
2. What additional qualification must a solicitor obtain to represent a client in the Crown Court?
3. Who grants rights of audience in the Supreme Court?
4. What is the consequence if a solicitor appears in a court without the necessary rights of audience?
5. True or false? Barristers have rights of audience in all courts once called to the Bar.

Introduction

Rights of audience are central to who can represent and advocate for clients in English courts. They define which legal professionals have the authority to appear before a court, address the judge, and conduct oral advocacy during proceedings. The rights are essential to the operation of English legal practice, forming one category of reserved legal activities governed by the Legal Services Act 2007 and enforced by the Solicitors Regulation Authority (SRA) and other approved regulators. These rights are underpinned by statutory structure, professional regulation, and core ethical responsibilities, reflecting the constitutional principles of the English legal system and ensuring the effectiveness and fairness of the justice process.

Key Term: rights of audience
The legal entitlement to appear before and address a court and to conduct advocacy on behalf of another person in legal proceedings.

Rights of Audience: Overview

Rights of audience are not universal. They are carefully regulated by statute, regulation, and case law, with significant variations depending on the professional status of the advocate, the court in question, and the nature of the proceeding. A person may only exercise rights of audience if they are an authorised or exempt person under the Legal Services Act 2007 or have specific permission from the court for that proceeding. Rights of audience are one of six types of reserved legal activities, alongside conduct of litigation, probate, reserved instrument activities, notarial activities, and administration of oaths.

Key Term: reserved legal activity
A legal activity which only a suitably qualified and authorised person or entity is permitted to carry out, as defined by the Legal Services Act 2007.

Rights of Audience in Different Courts

Lower Courts

Solicitors who are admitted to the roll and hold a valid practising certificate are automatically granted rights of audience in:

• Magistrates’ courts (criminal and family)
• County courts (civil and family)

This means solicitors may appear, represent, and advocate for clients in these forums as of right, without needing further qualification beyond admission and authorisation by the SRA. Lay representatives and litigants in person may also, with court permission, address the court in certain circumstances, but the court retains discretion over non-professional advocacy.

Key Term: lower courts
Magistrates’ courts and county courts, where solicitors have automatic rights of audience for civil, family, and most criminal proceedings.

Solicitors may act in specialist divisions and tracks within these courts (including small claims and fast track), but note that other professionals or litigants in person may be permitted to represent themselves or others where allowed by court rules or with judicial permission. In the Family Court, solicitors' rights of audience are also automatic, subject to SRA authorisation.

Other Professionals in Lower Courts

Certain authorised individuals (such as chartered legal executives, with proper additional rights) can exercise rights of audience in these courts if their regulatory body grants such rights. The status and scope of their rights will be defined by their respective professional rules and, where relevant, subject to approval under the Legal Services Act 2007.

Higher Courts

Advocacy in higher courts—those with jurisdiction over more serious or complex legal matters—demands additional qualifications for solicitors and equivalent professionals.

The higher courts include:

• Crown Court (criminal)
• High Court (all divisions: Queen’s Bench, Chancery, Family)
• Court of Appeal (Civil and Criminal Divisions)
• Supreme Court

Solicitors must obtain higher rights of audience—formally called the Higher Courts (Civil Advocacy) Qualification and/or the Higher Courts (Criminal Advocacy) Qualification—before they may advocate for a client in these courts.

Key Term: higher rights of audience
The entitlement for a solicitor, having completed the relevant assessment and obtained SRA approval, to appear and act as an advocate in the Crown Court, High Court, Court of Appeal, or Supreme Court.

Requirements for Solicitors

To obtain higher rights, a solicitor must:

• Successfully complete the SRA-prescribed assessment for higher rights advocacy (civil, criminal, or both)
• Apply to the SRA and be entered onto the register as a solicitor with higher rights of audience
• Demonstrate ongoing skills and up-to-date knowledge, as the SRA can review authorisation if ethical or competence concerns arise

This specialisation is a mark of seniority in advocacy, allowing solicitor-advocates to conduct jury trials in the Crown Court, appear before High Court judges, and present appellate arguments in the Court of Appeal and Supreme Court (where necessary; the Supreme Court hears appeals only on points of law of general public importance and requires permission to appeal).

Barristers and Rights of Audience in Higher Courts

Key Term: barrister
A member of the Bar, regulated by the Bar Standards Board, who acquires full rights of audience in all courts of England and Wales upon being called to the Bar.

All barristers, once called to the Bar and authorised by the Bar Standards Board, have rights of audience in all courts (including the Supreme Court), without the need for additional advocacy qualifications. Barristers’ advocacy rights extend across both civil and criminal proceedings, though their practical involvement often depends on instructions, court roles, and area of practice.

Other Authorised Advocates

Other professionals, such as costs lawyers and chartered legal executives, may also gain rights of audience in higher courts if they meet the qualification standards of their professional body and relevant authorisation is registered with the SRA (for solicitors) or another approved regulator.

Worked Example 1.1

A solicitor employed at a law firm wishes to conduct a trial on behalf of a client in the Crown Court on a serious theft charge. She has not obtained the Higher Courts (Criminal Advocacy) Qualification and is not listed by the SRA as having higher rights.

Answer:
The solicitor is not permitted to exercise rights of audience in the Crown Court. She must obtain the required higher rights qualification and SRA authorisation before being able to conduct advocacy in this court.

Appellate Courts

The same need for higher rights of audience applies to appeals in the Court of Appeal and Supreme Court. In these courts, advocacy is typically reserved for experienced barristers and solicitor-advocates with higher rights. Appearing before these courts without the relevant advocacy qualifications or authorisation is not permitted under the Legal Services Act 2007, except by litigants in person, where allowed.

Supreme Court

The Supreme Court, as the highest appellate court in the UK, hears only cases that involve arguable points of law of general public importance. Rights of audience are reserved to barristers and solicitor-advocates with higher rights (or other authorised advocates). The Court's Registry verifies compliance with rights of audience before listing cases.

Cross-Jurisdictional Features

Solicitors' rights of audience do not extend to Scotland or Northern Ireland unless separately authorised according to those jurisdictions’ regulatory frameworks.

Rights of Audience in Tribunals

Unlike the formal court system, tribunals in England and Wales generally operate with more flexible and inclusive advocacy rules. For most tribunals—including the Employment Tribunal, First-tier Tribunal, Upper Tribunal, and specialist panels such as the Immigration Tribunal—any person may represent a party, unless the tribunal’s specific rules impose restrictions.

Key Term: tribunal
A specialist adjudicatory body outside the ordinary court structure, often exercising jurisdiction over specific subject matters such as employment, asylum, or tax, and usually permitting wider rights of audience.

There are circumstances where courts will, for a specific hearing or case, permit an otherwise unauthorised person to appear, usually as a so-called McKenzie Friend or through a temporary grant under the Legal Services Act 2007.

Worked Example 1.2

A lay representative appears at an Employment Tribunal hearing to advocate for a claimant bringing an unfair dismissal claim.

Answer:
This is permitted unless the tribunal rules restrict rights of audience. Most employment tribunals allow lay representatives to address the tribunal and present arguments.

Litigants in Person and Lay Representatives

A party to any legal proceeding always has the right to represent themselves—this is known as the right to act as a litigant in person. In some circumstances, with court permission, non-lawyer representatives may be allowed to address the court (especially in lower courts and tribunals). However, rights of audience for lay representatives are not automatic and courts carefully consider potential prejudice, the nature of the proceedings, and the conduct of the representative.

Reserved Legal Activities and Rights of Audience

The exercise of rights of audience is a reserved legal activity under s.12 Legal Services Act 2007. It is a criminal offence for a person to carry on a reserved legal activity, including advocacy, unless they are an authorised or exempt person.

The main reserved legal activities are:

• exercise of rights of audience
• conduct of litigation
• reserved instrument activities (eg. dealing with property transfers)
• probate activities
• notarial activities
• administration of oaths

Solicitors, barristers, and certain other regulated professionals may be authorised to conduct all or some of these activities according to their qualification and regulatory status.

Key Term: authorised person
A person authorised by an approved regulator (such as the SRA or Bar Standards Board) to undertake reserved legal activities in England and Wales.

Obtaining and Exercising Higher Rights of Audience

For solicitors, attaining higher rights requires:

• Demonstration of competence through assessments (including practical advocacy tests and knowledge of criminal/civil procedure, evidence, ethics, and substantive law)
• Application to and approval by the SRA for the relevant Higher Courts (Civil/Criminal Advocacy) Qualification
• Registration as a solicitor-advocate with higher rights

Solicitor-advocates must abide by ongoing professional and ethical duties, are subject to SRA supervision for competence and conduct, and can be subject to disciplinary measures for breaches. Higher rights are only valid while the solicitor retains a current practising certificate in good standing.

There are separate pathways for civil and criminal advocacy. A solicitor may obtain one or both qualifications, depending on the practice area.

Appellate Rights and the Hierarchy of Precedent

When arguing appeals in higher courts, advocates must be fully aware of the structure of precedent and binding authority. The Supreme Court and Court of Appeal set binding legal precedents for lower courts. The Supreme Court is not formally bound by its own previous decisions but departs from them only rarely and for compelling reasons. The Court of Appeal is generally bound by its own previous decisions, subject to exceptions established in Young v Bristol Aeroplane Co Ltd.

Key Term: binding precedent
A legal principle established in a superior court decision that must be followed by lower courts in cases with materially similar facts or legal issues.

The system of precedent ensures consistency and fairness in court decisions. Barristers and solicitor-advocates must be skilled in statutory interpretation, application of previous authorities, and the correct formulation of legal arguments so as not to mislead the court.

Statutory Interpretation and Legislative Structure

Advocates in court rely on rules of statutory interpretation to argue how statutes apply to the case at hand. The literal, golden, and mischief rules are the basic principles, supplemented by the purposive approach where required. Knowledge and accurate use of internal and external aids (including Hansard, explanatory notes, and the long title) are key in interpreting the legislation under consideration.

Key Term: statutory interpretation
The process by which courts determine the meaning and application of statutes enacted by Parliament.

Understanding legislative structure and interpretation is essential for advocates, especially when appearing before higher courts where points of law are debated and statutory construction is often central.

Breach of Rights of Audience Rules and Consequences

Consequences of Acting Without Proper Rights

Unqualified advocacy is a serious breach of legal regulation, professional conduct, and sometimes criminal law. If a solicitor, barrister, or any individual appears in court when not authorised or qualified to do so:

• The court may refuse to hear the individual or disregard their submissions and evidence
• Disciplinary action can be taken by the SRA, Bar Standards Board, or appropriate regulator
• The individual may face a criminal charge for carrying out a reserved legal activity unlawfully (including fines or imprisonment in the most serious cases)
• Civil liability to clients or affected parties may arise, including potential claims for professional negligence or breach of contract

Worked Example 1.3

A paralegal employed by a law firm conducts a civil trial in the County Court without being an authorised person with rights of audience.

Answer:
The paralegal is not permitted to exercise rights of audience in the County Court unless specifically authorised or exempt. The court would be entitled to refuse to hear the representative or disregard their advocacy, and the paralegal and the law firm may be subject to disciplinary and criminal consequences.

Ethical Duties and Professional Obligations

A core aspect of the exercise of rights of audience is strict adherence to the ethical obligations set by the SRA Code of Conduct, Bar Standards Board Handbook, and, where applicable, the rules for other authorised professionals.

Advocates with rights of audience must:

• Act with honesty and integrity in all representations to the court
• Not mislead the court, either by act or omission
• Maintain independence in the face of client pressures or perceived conflicts of interest
• Uphold the proper administration of justice and the rule of law
• Warn the court of any relevant authorities, statutes, or procedural irregularities likely to have a material effect on proceedings (especially where the opposing party is unrepresented)
• Refrain from abusing their position or taking unfair advantage of an unrepresented party

Failure to comply with these duties can result in severe disciplinary action, reputational harm, and ultimately, being struck off or disbarred.

Worked Example 1.4

During cross-examination in the High Court, a solicitor-advocate knowingly presents false testimony at the client’s insistence.

Answer:
The solicitor-advocate breaches the duty not to mislead the court, as well as the core principles of honesty and integrity. Disciplinary action, including potential referral to the Solicitors Disciplinary Tribunal and striking off, is a likely consequence, regardless of client pressure.

Other Features of the Court Structure and Appeals

Appeals and Hierarchical Considerations

Appeals are important in ensuring the protection of clients’ rights and the development of legal precedent. After a first-instance trial decision, parties may appeal to a higher court (not a new trial but a review of legal correctness unless stated otherwise). Rights of audience differ at each appellate stage, and only advocates with appropriate higher rights (or parties representing themselves) are permitted to conduct the appeal. Routes of appeal, time limits, and permissions to appeal (leave) are governed by statute and the relevant court rules.

Distinction Between Criminal and Civil Proceedings

The standard of proof and the burden of proof differ in civil (balance of probabilities) and criminal (beyond reasonable doubt) cases. The party who bears the burden is the claimant in civil matters and the prosecution in criminal matters. Advocates must be familiar with these distinctions to properly present their case and guide the court.

Rights of Audience in the Context of EU and Human Rights Law

Advocates appearing before English courts must sometimes address questions of EU retained law and human rights protections under the Human Rights Act 1998 and the European Convention on Human Rights. Cases concerning the application or compatibility of domestic law with EU or ECHR principles may require the advocate to address both domestic and international obligations and, where necessary, articulate points of law to the Supreme Court or make preliminary references to the CJEU if permitted.

Parliamentary Sovereignty, Rule of Law, and Rights of Audience

The right to advocate in court ultimately derives from constitutional principles—parliamentary sovereignty (the supremacy of statute), the rule of law (the law applies equally to all, including the government), and the independence of the judiciary. The separation of powers and adherence to these doctrines underpin the authority of the courts and ensure that advocacy is exercised within proper, lawful bounds.

Key Point Checklist

This article has covered the following key knowledge points:

• Rights of audience refer to the legal entitlement to appear, address, and conduct advocacy in court on behalf of a party to proceedings.
• Solicitors with a valid practising certificate have automatic rights of audience in magistrates’ courts and county courts.
• Solicitors seeking to appear in the Crown Court, High Court, Court of Appeal, or Supreme Court must attain higher rights of audience (civil, criminal, or both) and SRA authorisation.
• Barristers acquire rights of audience in all courts upon being called to the Bar.
• Rights of audience in most tribunals are broad; any person, including non-lawyers, may represent parties in most circumstances, except where restrictions are specifically prescribed.
• Acting in court without the requisite rights of audience is a criminal offence and a serious breach of professional conduct, with consequences including refusal to be heard, disciplinary action, and potential criminal liability.
• Ethical duties require all advocates to act honestly, with integrity, and not to mislead the court, upholding the constitutional principle of the rule of law and proper administration of justice.
• The structure of precedent and the rules of statutory interpretation must be properly applied by advocates, especially when presenting cases at higher and appellate courts.
• Access to advocacy ties closely to the principles of parliamentary sovereignty, separation of powers, the rule of law, and the independence of the judiciary, as well as the practical regulation of reserved legal activities.

Key Terms and Concepts

• rights of audience
• reserved legal activity
• lower courts
• higher rights of audience
• barrister
• tribunal
• authorised person
• binding precedent
• statutory interpretation