(Archive) New complaint the same as previous complaint

Notice

The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) (No.2) Regulations 2023 came into force on 29 April 2023.
This Guidance item reflects the regulations in force prior to that date.
For the regulations in force from 29 April 2023, please refer to the current Guidance item.

Current Version

If a further complaint is exactly the same as the first or previous complaint, you are not entitled to a further fixed payment, whether under ABWOR or criminal legal aid.  Nor should you admit the client to further ABWOR or make application for a criminal legal aid certificate in connection with the new complaint.

Examples of proceedings arising from the same incident
New complaint: further charge arising from incident

In this section

Appendix 2: Proceedings arising out the same incident

(Archive) Examples of proceedings arising from the same incident

Read about some proceedings which arise from the same incident including division of charges and matters calling different courts.

Appendix 2: Proceedings arising out the same incident

(Archive) New complaint: further charge arising from incident

Read some examples and explanations around further charges arising from incident in road and non-road traffic accidents.

Appendix 2: Proceedings arising out the same incident

(Archive) Two separate complaints combined in a third

No further fixed payment can be allowed in respect of a third complaint.

Appendix 2: Proceedings arising out the same incident

(Archive) Examples of proceedings not arising from the same incident

A further application for criminal legal aid can be made or ABWOR provided, if appropriate.  A further fixed payment is payable.

Appendix 2: Proceedings arising out the same incident

(Archive) New complaint: further charge from separate incident

Read examples of when further charges are considered separate incidents in criminal fixed payment accounts.

Appendix 2: Proceedings arising out the same incident

(Archive) Bail offences

Learn about whether bail offences are considered distinct proceedings by us for criminal fixed payment accounts.

Appendix 2: Proceedings arising out the same incident

(Archive) Conditions to be met by an appointed solicitor

Find out the requirements you must meet to claim the ABWOR fee as an appointed solicitor in criminal fixed payment accounts.