Advice and assistance application procedures

Advice and assistance application procedures

• Notification of a grant of A&A, provision of ABWOR and your client’s declaration
• Assessment of financial eligibility for criminal advice and assistance, financial limits in Keycard and contribution
• Determination of disposable capital and disposable income
• Financial assessment and verification of capital – to be checked even in passport benefit cases
• Financial assessment and verification of income
• Verification of financial eligibility in criminal A&A
• Verification: application of the tests of “necessary” and “practicable”
• Advice on obtaining and retaining documentary evidence and the age of documentary evidence
• Cases where documentary evidence not available immediately
• Verification where your client is in custody or in prison
• Multiple grants of advice and assistance
• Advice and Assistance for early resolution of cases
• The need to work within initial limit of authorised expenditure and increases in authorised expenditure
• Increases for the employment of counsel, expert witnesses and other third parties
• Increases in post-conviction ABWOR breaches and reviews, multiple deferred sentences and templates
• Petition for the removal of a disqualification under section 42 of the Road Traffic Offenders Act 1988
• Increase requests for Scottish Criminal Cases Review Commission cases
• Advice to or on behalf of children
• Changes of nominated solicitor under advice and assistance
• Second solicitor giving advice and assistance on the same matter: prior authority required
• Procedure for withdrawing from giving advice and assistance/private charging after a grant of advice and assistance