14/15 C

APPLICATION FOR THE EXERCISE OF DISCRETION FOR STUDENTS FAILING TO MEET THE BAR’S MINIMUM ENTRY REQUIREMENT

Before completing and submitting this form, you must read the accompanying guidance notes in full together with the checklist.

This form must be completed in type or BLOCK capitals.

BPTC Online no: / BSB Database no:
(Office use only)
Full name:
(Please underline family name/surname)
Title: Miss/Mr/Mrs/Ms (Delete as appropriate)
Address:
Daytime telephone no. / Code: / No:
email address:
(Please print clearly)
Date of birth:
Inn of court (if known):
If you have been offered a place on the BPTC, you must complete the following:
Year:
Institution:
Full-time/part-time/distance learning (Delete as appropriate)

First degree qualification. All dates must be entered in full: ie, 00/00/00.

Degree title:

Degree subject:
Honours/ordinary (Delete as appropriate)
Class of degree:
Name of institution:
Full-time/part-time/distance learning
(Delete as appropriate)
Period of study:
(ie: dates of commencement and of award of degree)

Details of any other degree(s) held. All dates must be entered in full: ie, 00/00/00.

Degree title:

Degree subject:
Honours/ordinary (Delete as appropriate)
Class of degree:
Name of institution:
Full-time/part-time/distance learning
(Delete as appropriate)
Period of study:
(ie: dates of commencement and of award of degree)


Postgraduate study/qualifications

If studying for the Common Professional Examination, or an Approved Graduate Diploma in Law Course, you must give details here. All dates must be entered in full: ie, 00/00/00.

Institution

/

Subjects

/

From

/

To

Result:
Date:
Pass/commendation/distinction
(Delete as appropriate) / Course:
Full-time/part-time/distance learning
(Delete as appropriate)

You must complete this section if you have completed and been awarded a/any postgraduate qualification(s), or are presently undertaking such studies. All dates must be entered in full: ie, 00/00/00.

Institution

/

Degree

Title

/

Subject

/

Result

(if known) /

From

/

To

Use this page to give a full account of the reasons why, in your view, you meet the criteria set out on pages seven and eight of the guidance notes. You must list all relevant circumstances in this statement. Continue on a separate A4 sheet if necessary.

Did you notify your university of your extenuating circumstances: YES / NO

If yes, what was the outcome?

If no, you must explain why you did not do so.

Use this space to give full details of all referees supporting your application for the exercise of discretion. References in support of your application must be full, informative and in the referee’s own words.
There is no minimum/maximum number of references required; therefore, the number submitted is entirely a matter for you to decide; however, all references must be both academic-based and related to your degree performance. Work-based references, etc will not be taken into account as the exercise of discretion will be based solely on your degree performance;
The BSB will not contact referees and all references must be submitted in hard copy in a sealed envelope.

I declare that:

i) I have read the guidance notes;

ii) The information I have given in this application is complete and true;

iii) Any supporting evidence that I have supplied with this application that refers to third parties has been suitably redacted so as to preserve the anonymity of third parties

iv) I am submitting this application with the intention of undertaking the Academic Stage of Training for The Bar, and;

v) I consent to my personal data being processed for the purpose of consideration of this application and in accordance with the Bar Council’s Privacy Statement[1]

Signature:

Name:

Date:

You must now refer to the checklist on page six.


Checklist

Under the provisions of rQ28.1, a student is not eligible to commence the BPTC unless and until that student has fully and satisfactorily completed the Academic Stage of Training for The Bar, or been granted a waiver to commence the BPTC by the Bar Standards Board; therefore, in order to ensure that this requirement is met, applicants intending to undertake the 2015 BPTC must allow at least eight weeks for the processing of this application.

Before returning this form, you must ensure that you have:

·  Circulated the criteria to your referees;

·  Listed your referees and enclosed the references in the format specified;

·  Provided a certified copy (please see notes on completing application form) of the relevant documentation if, for any reason, you have changed your family name/surname since your degree qualifications were awarded;

·  Enclosed official evidence of every degree qualification listed on this form which must be in the form of official transcripts. You must refer to the transcript format requirements section of the guidance notes before submitting transcripts. If necessary, it is acceptable for you to request that these documents are sent directly to the Bar Standards Board (BSB) by the awarding institution; however, the BSB will not contact third parties for this, or any other purpose;

·  The completed application form, together with the supporting evidence, must be submitted in hard copy, as electronic copies are not acceptable;

·  Signed, named and dated the declaration on page five as your application cannot be processed unless this declaration has been fully completed;

·  Completed the Equal Opportunities Monitoring form on page 11, and;

·  Provided the fee of £220.00 after referring to the notes on page ten.

Unless specifically requested by ticking the box below, any documents provided in support of an application will be destroyed through the BSB’s confidential waste procedures; therefore, do not send original degree/qualification certificates.

You must tick this box if you require your documents to be returned. £

This form must now be returned to:

The Academic Stage Office

The Bar Standards Board

289 - 293 High Holborn

London

WC1V 7HZ

Telephone: (020) 7611 1444

Facsimile: (020) 7611 1332

Guidance Notes

You must retain these notes for your information.

This form and guidance notes are applicable only to students submitting an application by 28 August 2015. If you intend to submit an application after this date, you must contact the BSB’s Academic Stage Office for a copy of the new form. You must read these notes carefully, in conjunction with the current Academic Stage Book, and the general application guidelines document available to download from www.barstandardsboard.org.uk, before completing and submitting your application.

In every case, the Academic Stage Panel of the Qualifications Committee has the power to request that further information, or documentation, be supplied in support of an application; however, applicants must note that it is the primary responsibility of the applicant to provide all relevant information and supporting evidence rather than the task of the Academic Stage Panel of the Qualifications Committee to request this. Your application cannot be processed where evidence is incomplete; furthermore, the processing period (normally six to eight weeks) runs from the date upon which your application is complete: ie, the date that all necessary evidence has been received by the BSB. Applications are dealt with strictly in order of date of receipt of the complete application.

Submission of an application for the exercise of discretion must not be taken as an indication that such an application will be successful.

Introduction

The minimum requirement for entry to the Bar is a UK honours degree, or equivalent, of at least lower second class honours standard. Any applicant failing to achieve this minimum standard may be allowed to proceed under a special discretion available to the BSB which, it must be emphasised, is only permitted rarely and where exceptional circumstances are involved. In addition, this is a discretionary procedure; therefore, the outcome of each application is entirely dependent on the individual circumstances of each case.

The following are the criteria which must be met in order for discretion to be exercised:

Law degree;

I.  There is clear evidence (in terms of the majority of grades achieved, especially in the foundation subjects) that the student is academically of second class quality overall;

II.  It appears that the student’s failure to achieve a second class degree was directly attributable to a temporary cause which prevented/impeded him/her fulfilling his/her full academic potential, which can be securely demonstrated as not having already been taken into account by the awarding institution in the award of the third class degree, for good reason beyond the student’s control: ie, extenuating circumstances will not be taken into consideration twice;

III.  It plainly appears that this cause is not of such a character as to render the student unsuitable to practise at the Bar; and

IV.  There is clear motivation to qualify and practise at the Bar.

The fact that these criteria are met does not guarantee that discretion will be exercised.

Non-law degree;

I.  There is clear evidence (in terms of the majority of grades achieved), that the student is academically of second class quality overall;

II.  It appears that the student’s failure to achieve a second class degree was directly attributable to a temporary cause which prevented/impeded him/her fulfilling his/her full academic potential, which can be securely demonstrated as not having already been taken into account by the awarding institution in the award of the third class degree, for good reason beyond the student’s control: ie, extenuating circumstances will not be taken into consideration twice;

III.  It plainly appears that this cause is not of such a character as to render the student unsuitable to practise at the Bar; and

IV.  There is clear motivation to qualify and practise at the Bar.

The fact that these criteria are met does not guarantee that discretion will be exercised.

In both cases (ie, law/non-law degree), unless you meet the above criteria, you are advised not to apply for discretion; therefore, if it remains your intention to qualify for The Bar of England and Wales, you must obtain another degree which meets the Bar’s minimum entry requirement for which purpose you may wish to consider undertaking a senior status Qualifying Law Degree (QLD).

Stale law degree

rQ29 provides that the Vocational Stage of Training for the Bar must be commenced within five years of 31 December of the year in which the Academic Stage of Training for the Bar (ie, your QLD) was completed; therefore, if your QLD was awarded more than five years ago, you must contact the BSB’s Academic Stage Office for further advice before submitting an application for the exercise of discretion.

Non-law degree

Where the degree held is a non-law degree, an application for the exercise of discretion must be submitted before commencing the Common Professional Examination/an Approved Graduate Diploma in Law Course (CPE/GDL) for the purposes of completion of the Academic Stage of Training for the Bar.

Aegrotat degree/deemed pass

Where a UK university has awarded an aegrotat degree, an application for the exercise of discretion is not required and the ‘deemed passes’ procedure must be followed as described in the current Academic Stage Book. If you have been awarded a degree in this category, you must contact the BSB’s Academic Stage Office for further advice before proceeding.

Notes on completing the application form

If, for any reason, the names you have entered on your application form differ in any way from those given on any part of the official supporting evidence, appropriate evidence of this/these change(s) must be enclosed with your application. Photocopies of this documentation must be certified copies: ie, certified as true copies by a UK Notary Public, or, if you are unable to access a UK Notary Public, a qualified legal practitioner from your home jurisdiction. Any other form of certification is not acceptable.

All communications will be sent to the address given on the application form; therefore, if after submitting your application, you subsequently change your personal details, you must notify the BSB immediately in writing. Additionally, as it may be necessary for you to be contacted regarding your application, it is essential that you provide both a daytime telephone number and an email address.

Transcripts

All applications must be accompanied by official transcripts showing: the applicant’s full name; the final overall classification/overall mark; the date of award; all subjects taken; the number of attempts at each subject and all marks and credits obtained in all years of your degree studies. Where an alpha/numeric grading system is used, a key must be included showing the actual marks, or mark ranges, represented by the grades used. Currently dated transcripts must be provided for all degree qualifications listed and be submitted as originals in a sealed envelope over-stamped with the official stamp, or seal, of the awarding institution. Open copies: ie, those not contained in a sealed, over-stamped/officially sealed envelope are not acceptable, notwithstanding that these may be the original documents issued to you by the awarding institution.

General notes for all applicants

If you feel that you are able to make a case for the exercise of discretion, you must ensure that the BSB receives the following information:

1.  A full account of the reasons why, in your view, you failed to achieve the Bar’s minimum entry requirement in your degree. This statement must include all relevant circumstances and must address the criteria set out on pages seven and eight of the guidelines;

2.  A letter or report from your tutor/lecturer giving details of all circumstances considered relevant to your application which must, in addition, state whether your degree result accords with the expectations of your tutors, derived from your performance in previous examinations, your general overall standard as a student and details of the extent to which any extenuating circumstances were taken into account by the awarding university. This document must be submitted in a sealed envelope over-stamped with the official seal, or stamp, of the awarding university. Open copies are not acceptable;

3.  Any other relevant supporting evidence, eg detailed medical reports; and

4.  Academic references which must be submitted a sealed envelope over-stamped with the official seal, or stamp, of the awarding university.

Please note:

(a)  References must be specific to your discretion application: eg, a Bar Professional Training Course (BPTC) application reference is not acceptable;