Does a Chartered Legal Executive Advocate have rights of audience in court martial proceedings?

Rule 20 of the Army Custody Rules 2000 states that a person may be appointed as a legal adviser if they are ‘appropriately qualified.’

‘Appropriately qualified’ is defined as including a person with a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990. which is defined as a person with ‘…rights of audience in any part of the senior courts, or all proceedings in county courts or magistrates courts.’

Because CILEx Advocates have rights of audience that are specific to an area of practice, they do not fall within this definition, and therefore are unable to undertake custody hearings in court martial proceedings.

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