- Information for the public
- Civil cases
- Criminal cases
- Children's Hearings
- Leaflets for the public
- Find a Solicitor
- Report a suspected fraud
- Information for providers
- Legal Aid Online Hub
- Mailshots and updates
- Forms & Declarations
- Legal Assistance Handbooks
- Solicitor registration
- Quality Assurance Schemes
- Agent video links
- Duty Plans
- Reforms and projects
- Advice sector
- National Fraud Initiative
- About us
- Who we are
- What we do
- Access to information
- Complaints & customer service
- Board suppliers
Guidance on Special Urgency and successful appeals before the Sheriff Appeal Court and Court of Session
Thursday, Oct 06, 2016
We have inserted some additional guidance in the Children’s Legal Assistance Handbook for proceedings under the Children’s Hearings (Scotland) Act 2011 because:
- Some practitioners have asked us for a further explanation as to why we continue or refuse a number of special urgency applications instead of granting them all as a matter of course where urgency is shown.
- There has also been a recent successful S613 Appeal before the Court of Session, soon to be reported, which has been remitted back to a sheriff for disposal. This disposal hearing raised various questions by the instructing agents regarding legal aid and sanction cover and accordingly we have now outlined the position in the Handbook.
We hope that this additional guidance will provide greater clarity about what can be paid for from the Legal Aid Fund and help you to receive payment for the work you carry out in appropriate circumstances.
The first additional guidance can be found at Part III Chapter 5 concerning Special Urgency.
In this amended guidance we explain:
- The statutory tests that are laid down in the Regulations that require to be met before we can grant special urgency.
- Why we will not grant the special urgency application if the urgency has been self-created by the solicitor or the applicant and what information we require to see in an application to avoid continuations or refusals.
- That where we have granted special urgency for the conduct of a court hearing this will include all associated and reasonable travel costs.
Successful Appeal – remit to sheriff for disposal
The second additional guidance can be found at Part III Chapter 6 paragraph 6.15.
Here we advise that in a successful appeal before the Sheriff Appeal Court or Court of Session which is remitted back to the sheriff, the original legal aid certificate relating to the proceedings appealed still stands but sanction for the continued involvement of counsel will require to be re-applied for.
The final additional guidance can be found at Part III Chapter 4 paragraph 4.43.
This reiterates that sanction for the continued involvement of counsel in any disposal hearing before the sheriff will require to be re-applied for.
If you have any queries about the guidance please contact Joe Kelly, Head of Civil Legal Assistance, email@example.com
Legal Aid Online
12, Oct, 2017
Changes to SLAB’s approach to monitoring of legal servicesRead article
11, Oct, 2017
Evaluations of grant funding advice programmes publishedRead article
29, Sep, 2017
Code of Practice for Criminal Legal AssistanceRead article
28, Sep, 2017
SLAB Corporate Plan 2017-20Read article
25, Sep, 2017
Non lawyer members required for Criminal Quality Assurance CommitteeRead article