About the Magistrates Court Qualification (MCQ)

This scheme deals with the accreditation of solicitors representing defendants in the Magistrates’ Court who wish to apply for a place on the duty solicitor rota.

Criminal defence firms can apply for rota slots for each duty solicitor. To apply, a solicitor must gain Stage 1 membership of the Law Society’s Criminal Litigation Accreditation Scheme (CLAS) – as required by the Legal Aid Agency (LAA).

To become a duty solicitor, you must be a qualified practitioner in England and Wales and obtain two separate qualifications:

• Police Station Representative Accreditation Scheme (PSRAS) (or the Police Station Qualification (PSQ)) and
• Magistrates Court Qualification (MCQ)

Once you have successfully completed these qualifications, you can apply to the Law Society’s Criminal Litigation Accreditation Scheme (CLAS) to be included on their rota of duty solicitors.

Who is it for

This scheme is for qualified criminal practitioners who wish to apply for a place on the duty solicitor rota at the Magistrates' Court (where payment is claimed from the LAA).

You must be a solicitor in England or Wales. See this section at the bottom of this page for information about how barristers and legal executives may apply.

What you’ll learn

This scheme tests your knowledge and competency when representing defendants in the Magistrates’ Court. It also evaluates your understanding of criminal law and procedure, relevant immigration law and procedure, and the rules of evidence.

The scheme has two assessment elements, and you must successfully complete both before accreditation.

MCQ Portfolio

The purpose of the portfolio is to demonstrate your competence in obtaining and assessing information, advising the client and making representations/applications/submissions to the court. You should demonstrate the variety of your caseload, featuring different clients and scenarios.

The portfolio will comprise 25 cases where you have advised defendants at the Magistrates’ Court. You will report on five in-depth hearings and 20 as ‘short note cases’ to demonstrate the breadth of your experience.

Interview and Advocacy Assessment (IAA)

Sometimes referred to as the ‘live assessment,’ the IAA tests your interviewing and advocacy skills in real time, with an actor playing your client's role.

This comprises two assessments: the interview and the advocacy. You will be marked on specific criteria such as establishing an appropriate and professional relationship with the client, obtaining instructions and identifying the client’s objectives, and identifying and advising on appropriate courses of action.

How you will be assessed

Interview assessment

You will be given case papers a short time before the assessment so that you can prepare. Then, you will participate in the interview assessment, with an actor playing the client's part.

You will be assessed against three criteria: establishing an appropriate and professional relationship with the client, obtaining instructions and identifying the client’s objectives, and identifying and advising on appropriate courses of action.

Advocacy assessment

You are given time to prepare for the hearing involving the client you worked with in the interview assessment and two further hearings based on written instructions.

You will take part in the advocacy assessment, with an assessor playing the part of the District Judge.

The three advocacy cases will be assessed against two criteria: establishing an appropriate and professional rapport with the tribunal and making a coherent and persuasive application/submission consistent with the client’s goals and instructions.

You must successfully complete both assessments to pass the IAA.

How the programme (and entry to the Duty Rota) works

You do not have to complete both MCQ assessments in the same round but are free to do so.

However, once you have passed one assessment, you must complete the second within 12 months.

After completing the PSRAS and the MCQ, you can apply to the Law Society for CLAS membership*.

When you have joined CLAS, you can apply to become a member of a Duty Rota scheme (using a CRM 12 form).

You can do this at any time, but there are only two entry points at which a solicitor can be added to the duty solicitor rota each year.

Each rota runs for six months: the first from April to October and the second from October to April. The cut-off dates for the rotas are usually early January (for the April start) and early July (for the October start).

*You should allow around four weeks for your application to be processed.

Information on how barristers and legal executives can apply

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