The title of Senior Counsel or State Counsel (postnominal SC) is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" (QC) used in Commonwealth Realms. "Senior Counsel" is used in current or former Commonwealth countries or jurisdictions in which the British monarch is no longer head of state, such that reference to the Queen is no longer appropriate; this includes Hong Kong, the Republic of Ireland, South Africa, Kenya, Singapore, Guyana and Trinidad and Tobago. Just as a junior counsel is "called to the [Outer] Bar", a Senior Counsel is "called to the Inner Bar".
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The Irish Free State became independent in 1922 as a Dominion of the British King. Shortly after the Courts of Justice Act 1924 came into effect, Chief Justice Hugh Kennedy in conjunction with the Bar Council of Ireland modified the procedure for issuing patents of precedence. From July 1924, "King's Counsel" was replaced by "Senior Counsel" on patents;[1] these were issued by the Chief Justice,[1] although the "privilege of patent" continued to fall within the royal prerogative until transferred to the Executive Council (government) by the Executive Powers (Consequential Provisions) Act 1937.[2][3] The title "KC" continued to be used by many senior counsel, both those created before July 1924 and those after.[1] In 1949, shortly before the coming into force of the Republic of Ireland Act broke the final link with the crown, Frank Aiken asked John A. Costello during Taoiseach's questions "whether, in view of the fact that certain members of the Inner Bar who received their patents as senior counsel continue to describe themselves as king's counsel, he will introduce a Bill entitled an Act to declare that the description of a senior counsel shall be senior counsel"; Costello said he had "no intention of wasting public time and money" on the idea.[4] As late as the 1960s, R.G.L. Leonard was described in the official Irish law reports as "queen’s counsel",[5] reflecting the British change from King to Queen in 1952.
"Senior Counsel" (Chinese in traditional script: 資深大律師 [6]) replaced QC in the law of Hong Kong after Hong Kong becoming a Chinese dependency in 1997.
"Senior Counsel" (Chinese in simplified script: 高级律师 [6]) is used in the law of Singapore.[7]
The rank of Senior Counsel has also been introduced in Australia, even though the Queen remains head of State.
It was temporarily established in New Zealand from 2007 until 2009. It was abolished by the following Government in favour of restoring the title of Queen's Counsel on the basis of the respect felt accorded to those appointed Queen's Counsel. Those appointed as Senior Counsels have been given the option of becoming Queen's Counsels or remaining as Senior Counsels.
Other jurisdictions have adopted similar titles:
Senior Counsel may style themselves as silks, like their British counterparts. This is the case in Ireland, Australia, Hong Kong, and South Africa.
In Hong Kong, Senior Counsel (men or women) must wear the black stuff and silk gown. When wigs are worn, they should cover the hair.
Junior counsel do not wear the full gown, but the dress code remains conservative and black.[11]In the Republic of Ireland Junior Counsel continue to wear a black gown with tabs worn around the neck. The wig is optional in the Republic of Ireland. Senior Counsel wear a silk's gown which differs from that of a Junior Counsel.