Junior counsel is available, without the need for prior approval, for proceedings in the:
You must apply for our prior approval to employ junior counsel in the sheriff court or the Justice of the Peace court.
This section provides guidance on applications for senior counsel and more than one counsel.
When considering an application for prior approval for the employment of senior counsel acting alone, we will have regard to the following:
There will be occasions where it is appropriate to approve junior counsel to support senior counsel in a case where the indictment:
When making an application for the employment of senior and junior counsel please supply:
There will be occasions where it is appropriate to approve the employment of two junior counsel in a case, on the basis of:
When making an application for the employment of two junior counsel, you should:
In general, parity of representation between the Crown and defense will not, of itself, be sufficient to grant approval for representation of equal standing. The use of junior or senior counsel by the prosecution may demonstrate the importance placed on the matter by the Crown. Where the Crown allocates a case to junior or senior counsel or a Law Officer, we will consider this in light of all other information provided in support of the application.
Equally, the level of representation instructed by a co-accused, whether privately-funded or in receipt of legal aid, is not determinative of a request by you for similar representation. Where the co-accused has been granted approval for the employment of counsel, there may be a reason for this by reference to the nature of the charges against that accused or some other reason whereby the grant can be distinguished from your client’s circumstances. Again, we will consider your request in the light of all the other information provided in support of your application.
The case of Bank of St Petersburg v Oslo Marine Group Ports  EWHC 3498 (Ch) at paragraph  addresses equality of arms. Mr Justice Hildyard commented as follows:
“Equality of arms, for example, cannot connote equal firepower, otherwise the Court would always, for example, have to insist on a party having a QC if the other party did, or a QC of equal standing as another party.”
See also A. B. Petitioner v Scottish Legal Aid Board 1991 S.C.L.R. 702