The Portfolio

The purpose of the portfolio is to demonstrate a candidate's level and range of experience of conducting cases in magistrates' courts and in addition, in the case of the detailed summary, to encourage candidates to constructively reflect upon their magistrates' court practice and to enable an assessment organisation to assess a candidate's competence by reference to the Standards of Competence.

The portfolio will be subject to an assessment that will test a number of your key skills and knowledge areas. These will include:

• Interviewing and advising skills

• Recording skills

• Gathering appropriate and sufficient information

The portfolio consists of two parts, short notes on 20 cases and a detailed summary of a further five cases. The cases must be cases in which the candidate has personally represented a client in a magistrates' court in respect of an allegation of one or more criminal offences or quasi-criminal offences (e.g. enforcement proceedings relating to a fine or other order of the court).

The 'short notes' cases will be assessed in accordance with the following criteria:

• Range of offences - The cases in this part of the Portfolio must include at least five summary-only and at least five either-way offences. Indictable-only offences may be included but are not required.

• Experience of appearing for more than one client during the course of a court session - Since duty solicitors frequently have to advise and represent a number of clients during the period of one duty solicitor session, you are required to demonstrate that you have experience of appearing for more than one client during the course of a court session.

• Range of applications/submission - The cases in this part of the Portfolio must include at least one each of the following: a procedural application (eg. an application for an adjournment), a venue submission, a bail application and a plea in mitigation.

• Range of courts - The cases in this part of the Portfolio must show that you have appeared in more than one magistrates' court, and that you have represented a client in a youth court on at least one occasion. The 'detailed summary' cases will be assessed in accordance with the following criteria: • Range of offences - The cases in this part of the Portfolio must include at least one summary-only and one either-way offence. Indictable-only offences may be included, but are not required.

• Range of advice/applications/submissions - The cases in this part of the Portfolio must include at least one each of the following: a bail application, an advice on plea, advice and/or representation on venue, a procedural adjournment application, and a plea in mitigation. One case may be used to demonstrate more than one of these elements.

• Case description - In respect of each case in this part of the Portfolio you should set out a brief description of what the case was about, what you did, and what the result was.

• Obtaining information - In respect of each case in this part of the Portfolio you should describe the relevant information that was obtained from the prosecutor, the client and any relevant third party.

• Assessing information and advice to client - In respect of each case in this part of the Portfolio you should describe and analyse how you assessed the information obtained, how your formulated your advice, and the advice given to your client.

• Representations made to the court and/or to the prosecution - In respect of each case in this part of the Portfolio you should describe and analyse the representations and/or submissions that you made to the prosecution and/or to the court.

• Professional ethics - You must demonstrate that you complied with relevant professional and ethical rules.

Candidates can commence their portfolio as soon as they are able to attend the Magistrates’ Court. However, candidates cannot submit their portfolio for assessment until they have been qualified for at least six months.

The candidate must certify that all cases included in the portfolio are real cases of which they had personal conduct, that each concerns a separate client accused of a criminal offence or quasi- criminal offence, and in respect of which they personally represented the client in a magistrates' court on at least one occasion.

 Candidates must include their firm’s unique file number as required under the CDS Contract in connection with each portfolio case.

You must not use the names of your clients in the portfolio

All court appearances must have occurred within the 12 months prior to the date of submission of the portfolio (subject to the provisions on re-submission).

There is no minimum period over which the cases or court appearances must have occurred.

Re-Submissions

If a portfolio is failed on first submission, the candidate must submit a brand new case report for each failed report. Case reports that have been failed may not be reworked and resubmitted. The case reports need not be in chronological order, but new cases must be clearly identified. Previously passed case reports may be included in resubmitted portfolios subject to the relevant time limits.