Examples of proceedings not arising from the same incident

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 was not affected but a copy has been placed with related guidance in the archive section for the regulations in force prior to 29 April 2023.

Archive Version

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

Two separate complaints combined in a third
New complaint: further charge from separate incident

In this section

Appendix 2: Proceedings arising out the same incident

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

New complaint the same as previous complaint

Learn about restrictions around ABWOR for duplicate complaints.

Appendix 2: Proceedings arising out the same incident

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

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

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

Bail offences

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