Eligibility criteria for general ABWOR (other than ABWOR in summary criminal proceedings)

To be eligible for ABWOR, your client must be eligible for advice and assistance.

You must be satisfied:

  • On Financial eligibility for advice and assistance, unless the financial eligibility test has been disapplied (“free ABWOR”)
  • That your client holds no rights or facilities which make it unnecessary for them to receive advice and assistance
  • There is no reasonable expectation of getting financial or other help from another body
  • That your client has not already received advice and assistance or ABWOR from a solicitor on this matter

There is no “interests of justice” test to apply in connection with providing ABWOR in criminal proceedings other than summary criminal proceedings.

You need to apply a financial eligibility test in connection with all criminal proceedings except what are referred to as “prescribed proceedings” in regulation 9 of The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003.

Eligibility for criminal ABWOR

In determining whether criminal ABWOR is available, you need to decide whether:

  • The proceedings are within the scope of ABWOR.
  • The criteria for giving ABWOR are satisfied in the particular case.
  • You need our prior authority before granting ABWOR.
General scope of ABWOR in non-summary criminal proceedings
The provision of general criminal ABWOR

In this section

Assistance by way of representation in other criminal proceedings

General scope of ABWOR in non-summary criminal proceedings

Read about the definition of criminal ABWOR in non-summary proceedings.

Assistance by way of representation in other criminal proceedings

The provision of general criminal ABWOR

Find out about the initial limits, applying for an increase in expenditure limits and change of solicitor when you have made ABWOR available to your client.

Assistance by way of representation in other criminal proceedings

General ABWOR proceedings for which a financial test is necessary

View information on listed proceedings where a financial test is necessary (other than summary criminal proceedings).

Assistance by way of representation in other criminal proceedings

Proceedings under the Criminal Procedure (Scotland) Act 1995

View a list of criminal proceedings for which ABWOR is available.

Assistance by way of representation in other criminal proceedings

Double jeopardy cases

View information about ABWOR arrangements for Double Jeopardy proceedings.

Assistance by way of representation in other criminal proceedings

General ABWOR proceedings for which a financial test is not necessary

Read information about listed proceedings where a financial test is not necessary.

Assistance by way of representation in other criminal proceedings

ABWOR proceedings needing our prior authority

View guidance on certain types of ABWOR that require our approval before it can be provided to your client.

Assistance by way of representation in other criminal proceedings

Recovery proceedings under ABWOR needing our prior authority

Find out about providing ABWOR when opposing a motion for specification of sensitive documents in the course of criminal proceedings.