Cmpliance with CPD Regulatins A General Guide t CPD May 2017
Cntents CPD requirements 3 CPD definitin 3 Hw t calculate CPD hurs 3 Undertaking university curses 4 Training events 4 Calculatin f CPD hurs 4 Repeat curses 6 Online curses/pdcasts 6 DVDs, Vides and CD Rms 6 Teaching n university curses 7 Advcacy training, mck trials and mts 7 Writing 7 Other activities 7 Other rules 8 Cannt cunt fr CPD hurs 8 What t d if yu wrk fr a slicitr s firm 9 What t d if yu are nt ging t practice fr the whle year 9 Frequently asked questins 9 CPD departments at the Bar Standards Bard/cntacts 10 2
CPD requirements All practising members f the Bar are subject t the cntinuing prfessinal develpment (CPD) regulatins. Cmpliance is an bligatin f the Bar Handbk (Part 4, sectin C, The CPD Rules). In the first three years f practice, newly qualified practitiners are required t cmplete 45 hurs f cntinuing prfessinal develpment (CPD), including at least nine hurs f advcacy training and three hurs f ethics training (the New Practitiners Prgramme ) which is prvided by the Inns and Circuits. New Practitiners are als expected t cmplete the Frensic Accunting Curse if they did nt cmplete it during pupillage. The Frensic Accunting Curse des nt cunt twards the 45 CPD hurs. CPD hurs n lnger need t be accredited by the Bar Standards Bard. The three-year perid begins frm the 1 January fllwing cmmencement f practice (either a third six, squatting, tenancy r if in emplyed practice frm the day that yu start with a firm, as lng as yu have a practising certificate.) Hwever, barristers are able t accrue CPD hurs frm the date they cmmenced practice. Fllwing cmpletin f the NPP, barristers are required t create a CPD plan each calendar year which details bjectives, activities and reflectin n the efficiency f the plan. (The Established Practitiners Prgramme ). The Bar s CPD regime is run n a calendar year basis. CPD definitin CPD is wrk undertaken ver and abve the nrmal cmmitments f barristers with a view t such wrk develping their skills, knwledge and prfessinal standards in areas relevant t their present r prpsed area f practice, and in rder t keep themselves up t date and maintain the highest standards f prfessinal practice. Hw t calculate CPD hurs CPD hurs, are the hurs spent in either seminars r lectures, added up and runded dwn t the nearest half an hur. CPD curses, seminars, lectures r any ther frm f training event are treated as separate events. The hurs fr each event are runded dwn t the nearest half an hur individually; practitiners are unable t add all curses tgether with a view t runding the ttal dwn. Registratin and/r refreshment breaks and lunchtime must nt be included in this calculatin. 3
The end f the CPD accreditatin scheme The Bar Standards Bard n lnger accredits CPD Prviders. The new scheme is designed t give increased flexibility t the CPD that a barrister can undertake. Curses need nly be added t a persn s recrd card fr the claim t be made. CPD prviders can nw deliver curses withut registering with the Bar Standards Bard. It is a barrister s respnsibility t identify if a CPD curse is relevant t their develpment. Where there is dubt, a barrister is able t check with the Bar Standards Bard s CPD recrds department. CPD prviders must retain a recrd f curse infrmatin fr at least tw years including attendees and ther general curse infrmatin. Prviders are nt required t submit these recrds t the Bar Standards Bard. Undertaking university curses T claim hurs fr undertaking a university curse, including LLMs, the barrister must btain frm the university a letter cnfirming (i) the nature and cntent f the curse, (ii) the number f hurs that the barrister has undertaken as part f the curse, and (iii) that the barrister has cmplied with all the curse requirements t date. If it is nt a law curse, it must be a curse directly relevant t the barrister s present r prpsed area f practice. Training events Barristers may claim CPD hurs fr preparing and delivering a training event. A persn is unable t claim fr preparing a training event if they d nt present it. A persn wh presented a training event, but did nt prduce the training material/speaker ntes themselves, is eligible t claim hurs fr their wn preparatin. Calculatin f CPD hurs The rules fr calculating CPD fr presenting and preparing fr a training event are, as fllws: Barristers may claim CPD hurs fr preparing and delivering a training event. The basic principle is that the number f CPD hurs that may be claimed is the sum f (a) the duratin f the presentatin actually given by the barrister, and (b) an equal time that is deemed fr the preparatin f that event. It is acknwledged that the deemed preparatin time is likely t undervalue the actual time taken. T mitigate this adverse cnsequence smewhat, the number 4
f CPD hurs that may be claimed shuld be the sum f the presentatin and deemed preparatin timings, and then runded dwn t the nearest ½ hur unit, save that the minimum ttal shall nt be less than ½ hur. A barrister cannt claim fr repeat delivery f a training event in any ne CPD year. A barrister wh prepares a training event fr anther may claim nly the deemed preparatin time in the CPD year in which the training event was actually given. If the event was never given, then n preparatin time may be claimed. A barrister wh presents a training event prepared by anther may still claim bth the presentatin and the deemed preparatin timings. Examples: (a) A barrister leads a ne hur training event. Tw CPD hurs may be claimed: ne fr the presentatin, and ne fr the deemed preparatin. (b) Tw barristers equally lead a ne hur training event. Each barrister may claim 1½ CPD hurs: ½ hur fr the presentatin and ½ hur fr the deemed preparatin and ½ hur fr attending the ther barrister s presentatin. (c) Three barristers equally lead a 1½ hur training event. Each barrister may claim tw CPD hurs: ½ hur fr the presentatin and ½ hur fr the deemed preparatin and ne hur fr attending the ther barristers presentatins. (d) Fur barristers equally lead a 1½ hur training event. Each may claim 1½ CPD hurs: 22½ minutes fr the presentatin and 22½ minutes fr the deemed preparatin (which after additin t give 45 minutes is then runded dwn t give ½ hur) and 67½ minutes fr attending the ther barristers presentatins (which is then runded dwn t ne hur). (e) Fur barristers equally lead a fur hurs training event. Each may claim five CPD hurs: ne hur fr the presentatin and ne hur fr the deemed preparatin and three hurs fr attending the ther barristers presentatins. (f) Fur barristers equally lead a ne hur training event. Each may claim ne CPD hur: 15 minutes fr the presentatin and 15 minutes fr the deemed preparatin (which after additin t give 30 minutes results in ½ hur) and 45 minutes fr attending the ther barristers presentatins (which is then runded dwn t ½ hur). (g) Six barristers equally lead a ne hur training event. Each may claim ne CPD hur: ten minutes fr the presentatin and ten minutes fr the deemed preparatin (which after additin t give 20 minutes is then deemed by the saving prvisin still t merit ½ hur) and 50 minutes fr attending the ther barristers presentatins (which is then runded dwn t ½ hur). 5
Repeat curses r training events Unless they have gd reasns fr ding s, barristers cannt claim hurs fr attending r undertaking a curse r training event with the same r substantially the same cntent as anther curse r training event in respect f which CPD hurs are claimed in the same calendar year r have been claimed in the previus calendar year. Online curses/pdcasts There are a number f nline curse/pdcast prviders. An nline test must be cmpleted befre the prvider allcates CPD hurs. T claim these hurs yu must attach the cmpleted certificatin frm prduced at the end f the curse t yur recrd card. DVDs, Vides and CD Rms DVDs and CD Rms etc. must be relevant t the barristers current r prpsed areas f practise. Please add details f the abve t yur CPD Recrd card. Yu must include the number f CPD hurs (length), the title and the prvider. Other activities Pupil supervisr training up t three CPD hurs Practitiners can claim ne CPD hur per active mnth f service as a Judicial Assistant * NB: * Active mnth f service is cnsidered t be anything that exceeds ½ a mnth in the event that less than ne mnth is cmpleted. 6
Teaching n university curses A Barrister is able t claim CPD hurs fr teaching n LLBs, LLMs, the Cmmn Prfessinal Examinatin, Bar Prfessinal Training Curse (BPTC), Legal Practice Curse r Diplmas in Law. Barristers are able t claim hurs fr teaching law n degree curses, which are nt whlly abut law if it is relevant t their practice and prvided that the level is at least equivalent t an undergraduate law degree. T receive CPD hurs fr this wrk a barrister must btain frm the university a letter cnfirming the number f hurs that they teach. The letter must be kept tgether with the cmpleted CPD recrd card. Advcacy training, mck trials and mts In relatin t advcacy training (including at mck trials), delegates can claim the fllwing: (a) the time spent attending advcacy training, and (b) additinal preparatin time as fllws: up t a third f the length f the curse. Advcacy Trainers can claim the fllwing: (a) the time they spend prviding the advcacy training, and (b) in relatin t preparatin, up t a third f the time they spend prviding the advcacy training (e.g. up t an hur fr a 3 hur exercise). Thse acting as judges r witnesses in relatin t advcacy training can claim the fllwing: (a) the time they spend acting as judges r witnesses, and (b) in relatin t preparatin, up t a quarter f the time they spend acting as judges r witnesses (eg up t an hur fr a fur hur exercise). Preparatin f advcacy training cannt be claimed if a persn des nt deliver the training. Mts can cunt fr up t a maximum f tw CPD hurs a year. Schl mts, mck trials r tribunals d nt cunt. Writing Reviewing legal bks des nt attract CPD hurs. Thse subject t the New Practitiners Prgramme cannt claim CPD hurs fr the writing f legal articles. Other activities Attending curses directly relevant t practice as a barrister. This can include lectures and seminars given by Slicitrs firms and rganisatins. 7
Other rules Barristers wrking part time, if they hld a practising certificate, are subject t the same rules as thse wrking n a full time basis. Barristers practising abrad, if they hld a practising certificate, are subject t the same rules as thse practising in England and Wales. New Practitiners are nt necessarily required t cmplete a minimum amunt f hurs every year, the 45 CPD hurs must be cmpleted by the end f the three year perid. Cannt cunt fr CPD hurs Persnal Develpment Persnal stress management Persnal/time management curses Persnal presentatin skills Vice caching Mentring r appraisal schemes Listening t radi prgrammes Subscriptin t peridicals Reading Netwrking skills Marketing skills Life caching skills Career develpment curses Leadership/general management skills Other Practice management curses Acting as an External Examiner Shadwing a Judge Pr-bn wrk Wrk at a Citizen s Advice Bureau Bar in the cmmunity scheme Wrking as a member f a review panel Acting as a Pupil Master (mini-pupillages included) Sitting as a Recrder Sitting as a Justice f the Peace Marking wrk fr University curses, including the Bar Prfessinal Training Curse Sitting n a Tribunal r ther part time Judicial ffice The Speakers fr Schls prgramme Annual General Meetings Careers Talks Attendance at a launch fr any frm f legal materials Teaching n BTECs r ILEX level ne-three curses After-dinner speeches, turs, receptins and curt visits 8
What t d if yu wrk fr a slicitr s firm Please btain frm yur emplyer a cpy f yur electrnic CPD recrd card (mst slicitrs firms keep these) and attach this t yur CPD recrd card fr recrd keeping. If yur firm des nt keep such a recrd fr yu, yu must cmplete the standard frm. What t d if yu are nt ging t practise fr the whle year If yu are ging n maternity/paternity leave, taking a career break r having a break in practice fr any ther reasn which will prevent yu frm cmpleting yur CPD requirements then yu might wish t cnsider suspending yur practising certificate, which wuld, in turn, suspend yur CPD requirements. Fr example, if a new practitiner suspends their practising certificate fr 12 mnths then the NPP wuld autmatically be extended by 12 mnths upn return. If yu d nt suspend yur practising certificate then the three year perid will cntinue while yu are ff. If yu have nt cmpleted yur CPD requirements by the deadline stipulated by the Bar Standards Bard r yu are aware that yu will nt cmplete yur hurs in the required time, yu must apply fr an extensin f time. The applicatin frm can be btained frm the Qualificatins department. It may be f benefit t dwnlad and read the Bar Standards Bard s guidance n CPD requirements when taking parental leave. Extensin/waiver frms can als be dwnladed frm the Bar Standards Bard website. https://www.barstandardsbard.rg.uk/qualifying-as-a-barrister/current- requirements/frms-and-guidelines/applicatins-authrisatins,-exemptins,- waivers-and-reviews/ Frequently asked questins (Q) I ve lst my Recrd Card? Hw d I get anther ne? NPP recrd card: https://www.barstandardsbard.rg.uk/regulatry-requirements/frbarristers/cntinuing-prfessinal-develpment-frm-1-january-2017/newpractitiners-prgramme/ EPP recrd card: https://www.barstandardsbard.rg.uk/regulatry-requirements/frbarristers/cntinuing-prfessinal-develpment-frm-1-january-2017/establishedpractitiners-prgramme/ (Q) D I need t return a signed, cmpleted CPD recrd card t the Bar Standards Bard? (A) N. As f January 2014, practising barristers are nt required t return a signed CPD recrd card t the Bar Standards Bard. Instead, barristers are required t 9
retain a cmprehensive CPD recrd, including any dcuments which verify cmpletin f training, fr three years, shuld they be selected fr mnitring as part f the BSB s wider supervisin strategy. This plicy change relates t barristers 2013 CPD requirement and all future CPD requirements. CPD Departments at the Bar Standards Bard/Cntacts Department Supervisin f CPD Qualificatins Department Name / Email cpdrecrds@barstandardsbard.rg.uk Qualificatins@barstandardsbard.rg.uk Fr general infrmatin abut CPD please visit ur website. https://www.barstandardsbard.rg.uk/regulatry-requirements/frbarristers/cntinuing-prfessinal-develpment-frm-1-january-2017/ 10