Training for barristers could be split into two parts under proposals to shake up the Bar Professional Training Course (BPTC) to make entry to the Bar more affordable.
The Bar Council and Council of the Inns of Court have proposed that the 30-week BPTC, which costs £15,000-£19,000, no longer be compulsory. Instead, the BPTC would be split into: part one, knowledge-based subjects, namely civil and criminal procedure and evidence; and part two, skills such as drafting, advocacy and conferencing.
Students would be able to prepare for part one exams “by any method they think fit or can afford”, including private study. If they passed part one, they would be allowed to move on to part two, which would require formal attendance on a BPTC course.
The proposal is made in an addendum to the Bar Standards Board’s October 2016 consultation paper, The future of training for the Bar. Interested parties have until 31 January 2017 to respond.
In support of their proposal, the Council and Bar Council say: “The Inns and the Bar Council have a genuine fear, based on their direct contacts with school-leavers, university students and the Inns’ own student members, that the Bar is becoming a profession for the social ‘haves’ which excludes the ‘have nots.’”
They make the point that the BPTC has a high risk of failure. Of the 2012/13 students, 30 months after completing the taught course, 15% had failed and 7% had exams outstanding. The self-employed and employed Bar appoint just over 400 pupils per year, and a student who passes the course with a “competent” rating (rather than “outstanding” or “very competent”) has a one in 20 chance of obtaining pupillage.
They argue that splitting the course would reduce the overall costs for students and act as an early warning signal to students unlikely to do well.
However, Helen Hudson, head of legal development at Nottingham Law School (part of Nottingham Trent University), said: “The proposals appear to divorce the key elements required for effective practice. The integration of the various elements of practical legal skills is essential if we are to produce effective practitioners.”
