• What type of cases must a candidate include within the portfolio?
• A candidate’s short note cases must include:
• Five summary only offences
• Five either-way offences
• Indictable only offences can be included but are not required
  

• A candidate’s detailed cases must include:
• At least one summary only offence
• At least one either-way offence
• Indictable only offences can be included but are not required

• They must also include:
• One bail application
• One advice on plea
• One advice and/or representation on venue
• One procedural application
• One plea in mitigation

• Can a candidate use a trial for one of their 20 short cases for the portfolio?
• Trials are not part of the Duty Solicitor Scheme and should not form part of the portfolio.

• Is it acceptable for a candidate to use a case that was listed for trial, but because the case was to be adjourned, the defendant pleaded and was sentenced, and therefore, became a sentence?
•  As long as the candidate made a plea in mitigation as for any sentencing, this could be used as one of the candidate’s cases for the portfolio.

• What is necessary for a procedural adjournment in the detailed cases of the portfolio? Is it enough for an adjournment to a committal hearing in a case where a candidate has advised on plea and venue for example?
• A procedural adjournment – this occurs where one of the parties to the case is unable to proceed with the case that day and makes application to adjourn the case.

• Examples of such procedural applications would include applications to adjourn on the grounds that:

• Representations are to be made to the prosecution to enable them to consider an out of court disposal;
• Pleas are offered in respect of lesser charges which cannot be considered by the prosecutor present in court;
• There is additional information available to the defence which was not considered by the prosecution when the decision to charge was made which might persuade the prosecution not to proceed with the case;
• Psychiatric/psychological reports are required to determine fitness to plead or sentencing issues;
• The volume of advance information is so extensive that it cannot properly be considered in court – you should not be deterred from making such applications simply because the CJSSS protocol suggest a plea should always be taken on the first occasion as the primary objective of the Criminal Procedure Rules is to ensure everyone involved in the Criminal Justice System is dealt with fairly.
  

• If a candidate has failed an assessment, can they appeal the decision?
• Datalaw has appointed external moderators who will review all assessments that have failed to demonstrate sufficient competence on initial assessment, and a random selection of submissions, that have been certified as passing the necessary competence standards. Where in the opinion of an assessor a candidate has failed to demonstrate the required level of competence, the submission will be passed to Datalaw’s external moderator for re-assessment prior to the result being communicated to the candidate. The external moderator will reconsider the submission and may:

• Confirm the assessor’s findings
• Vary the assessor’s findings or feedback, or,
• Overturn the assessor’s findings
  

• Does Datalaw issue candidates with a certificate on completion of the MCQ?
• If requested Datalaw can provide candidates with display certificates. The fee for this is £10.00 plus VAT. Once the PSQ and the MCQ have been completed, solicitors should apply to the Solicitors Regulation Authority (SRA) for their certificate. A CLAS 1 application form can be downloaded from their website at http://www.sra.org.uk. This will need to be completed and sent to the SRA with payment and copies of result letters confirming that all elements have been passed.