Circumstances where prior approval for counsel is not required

Prior approval for the employment of counsel is not required in the following situations:

  • the employment of junior counsel in High Court proceedings
  • the employment of junior counsel in the Appeal Court or Sheriff Appeal Court
  • the employment of senior and junior counsel or two junior counsel in prosecutions for murder
  • the employment of senior and junior counsel, senior counsel alone, or two junior counsel in prosecutions for murder (this does not cover the situation where an accused person has been tried for murder and convicted of culpable homicide)
  • the employment of junior counsel in any appeal to the UK Supreme Court.

If we receive an application for prior approval of counsel in any of these situations, we will refuse the application and tell you that prior approval is not required.

Circumstances where approval for counsel is required
Circumstances where we cannot grant prior approval

In this section

Approval for counsel

Approval for counsel – test, definitions and principles

Read about the legal basis of the tests, when you need to request our approval, definition of counsel in different courts and our approach to applying the test.

Approval for counsel

Circumstances where approval for counsel is required

Find out when you need to make an application for prior approval for the employment of counsel.

Approval for counsel

Circumstances where we cannot grant prior approval

Guidance explaining where prior approval cannot be granted

Approval for counsel

Approval of counsel in Sheriff court proceedings

Read about the factors we will consider and the information you need to provide us with to make a decision.

Approval for counsel

Approval of counsel at the Petition stage in High Court proceedings

Read about the situations in which you need approval to employ counsel at the petition stage and the information you need to provide us with to make a decision.

Approval for counsel

Applications for employment of senior counsel, more than one junior counsel and senior counsel acting alone

Read about limitations on the use of counsel depending on the basis of our approval and the extent to which counsel can conduct proceedings when approved by us.

Approval for counsel

Appeal Court cases

Read guidance on the employment of counsel in the Appeal Court

Approval for counsel

UK Supreme Court cases

Read guidance on the employment of counsel in UK Supreme Court cases

Approval for counsel

Retrospective requests for the approval of counsel – the “Special reason” test

Guidance on Retrospective requests for the approval of counsel – the “Special reason” test

Approval for counsel

Division of duties between you and counsel

Guidance on division of duties between you and counsel

Approval for counsel

Instructing a solicitor advocate

Guidance on instructing a solicitor advocate