ABWOR for early resolution of cases

The Advice and Assistance (Summary Criminal Proceedings)(Miscellaneous Amendment) (Scotland) Regulations 2022 are effective from 4 November 2022.

Please see this update for details on the benefits, changes and background.

How to apply for ABWOR for these early resolution cases

Some changes will be made to the Legal Aid Online (LAOL) systems for these cases in due course.

In the meantime, you can use the current online system for submitting ABWOR applications for cases which have been resolved before the first court appearance (ABWOR).

Please see our Legal Aid Online e-learning section for guidance on making the application on Legal Aid Online.

Failure to appear – appearance on a warrant – continued availability of ABWOR
ABWOR where client not appearing from custody: the interests of justice test

In this section

Assistance by way of representation (ABWOR) in summary criminal proceedings

General scope of ABWOR in summary criminal proceedings

Find out about the legislation governing the availability of ABWOR in summary criminal cases.

Assistance by way of representation (ABWOR) in summary criminal proceedings

The basics of making ABWOR available in summary criminal proceedings

Learn about who is eligible for Criminal ABWOR and providing ABWOR, including initial limits, increases in authorised expenditure and withdrawal from acting.

Assistance by way of representation (ABWOR) in summary criminal proceedings

Your role to grant ABWOR

Find out the decisions you must make before ABWOR can be granted.

Assistance by way of representation (ABWOR) in summary criminal proceedings

Our role to do post-grant verification checks - A&A and ABWOR

Find out which regulation governs ABWOR when your client is or is not in custody.

Assistance by way of representation (ABWOR) in summary criminal proceedings

ABWOR where client is not appearing from custody - when is it available?

Find out about the availability of “Interests of Justice” ABWOR in a summary case where the accused client is cited to appear or appears on an undertaking.

Assistance by way of representation (ABWOR) in summary criminal proceedings

Failure to appear – appearance on a warrant - continued availability of ABWOR

Find out about appearance on a warrant and interests of justice ABWOR continuing to apply.

Assistance by way of representation (ABWOR) in summary criminal proceedings

ABWOR where client not appearing from custody: the interests of justice test

Learn about the factors you must consider in the relation to interests of justice test before providing ABWOR and how to demonstrate them.

Assistance by way of representation (ABWOR) in summary criminal proceedings

ABWOR in summary cases – assisted person in custody – “appointed solicitor”

Find out about the ABWOR provisions where your client appears from custody

Assistance by way of representation (ABWOR) in summary criminal proceedings

Definition of “appointed solicitor” and principal criteria for acting

Read the criteria for acting as an appointed solicitor, including taking instructions directly from client and previous solicitor/client relationships.

Assistance by way of representation (ABWOR) in summary criminal proceedings

Criteria and conditions to act as appointed solicitor

View the criteria and conditions to be met to act as an appointed solicitor, and representation where solicitor also the duty solicitor.

Assistance by way of representation (ABWOR) in summary criminal proceedings

Examples of situations where you cannot appear as appointed solicitor on behalf of a client

View examples of situations where you cannot be an appointed solicitor and provide ABWOR.

Assistance by way of representation (ABWOR) in summary criminal proceedings

Change of solicitor under summary criminal ABWOR

Find out the regulations that govern a change of solicitor in summary criminal ABWOR cases and how to make a transfer.

Assistance by way of representation (ABWOR) in summary criminal proceedings

Criminal ABWOR - common queries

Find out about common queries and issues relating to the Criminal ABWOR regulations and provisions