Petition for the removal of a disqualification under section 42 of the Road Traffic Offenders Act 1988

ABWOR is available for the removal of a disqualification from driving (petition for restoration of driving licence) [Section 42 of the Legal Aid (Scotland) Act 1986].

You must request our prior approval to provide ABWOR using legal aid online.

The initial limit of expenditure should be used to take instructions and gather information to demonstrate that it is reasonable to petition the court. Reasons for restoration may include:

  • Loss of an employment opportunity where a driving licence is needed
  • The absence of suitable alternative transport such as public transport

We require information on the circumstances surrounding the removal of your client’s driving licence. In considering reasonableness and prospects of success, we need to be addressed as to whether the restoration may pose a danger to the public.

If we are satisfied that it is reasonable to grant ABWOR, we will grant an increase in authorised expenditure up to £650 to cover:

  • Obtaining evidence to support the request
  • Compiling reasons why the licence should be restored, including letters of confirmation from prospective employers, testimonials, medical reports or any other documentation needed to support the petition
  • Preparing and lodging the petition for restoration with the sheriff clerk’s office
  • Attending further meetings with the client to discuss any issues that arise during the petition
  • Attending all court hearings and continuations as required
Increases in post-conviction ABWOR breaches and reviews, multiple deferred sentences and templates
Increase requests for Scottish Criminal Cases Review Commission cases

In this section

Advice and assistance application procedures

Notification of a grant of A&A, provision of ABWOR and your client’s declaration

View guidance on notification of admitting a client to A&A, provision of ABWOR and the need for a signed client’s declaration.

Advice and assistance application procedures

Assessment of financial eligibility for criminal advice and assistance, financial limits in Keycard and contribution

Find out information about the need to assess financial eligibility by reference to Keycard.

Advice and assistance application procedures

Determination of disposable capital and disposable income

Read more about how to determine disposable income and disposable capital.

Advice and assistance application procedures

Financial assessment and verification of capital – to be checked even in passport benefit cases

Learn what capital includes, why you should establish your client’s capital and how this can be documented.

Advice and assistance application procedures

Financial assessment and verification of income

Find out the best ways to verify employed and self-employed clients, people on benefits or with no income.

Advice and assistance application procedures

Verification of financial eligibility in criminal A&A

Read guidance on the need for documentary verification of financial circumstances and general requirements for verifying financial eligibility.

Advice and assistance application procedures

Verification: application of the tests of “necessary” and “practicable”

Learn about the circumstances where it is necessary and practicable to obtain supporting documentary evidence of your client’s financial circumstances.

Advice and assistance application procedures

Advice on obtaining and retaining documentary evidence and the age of documentary evidence

Read more information and advice on obtaining and retaining documentary evidence of your client’s financial circumstances.

Advice and assistance application procedures

Cases where documentary evidence not available immediately

Find out about circumstances where documentary evidence to verify client’s finances is not immediately available, how to obtain this and the end of this process

Advice and assistance application procedures

Verification where your client is in custody or in prison

View guidance about how to obtain verification when your client is in custody.

Advice and assistance application procedures

Multiple grants of advice and assistance

Learn about when you should make more than one grant of A&A when your client is consulting you on different matters.

Advice and assistance application procedures

Advice and Assistance for early resolution of cases

Guidance on regulations amending legal aid fee arrangements to allow the inclusive sheriff court summary fixed fee of £550.76 to be paid at an earlier stage

Advice and assistance application procedures

The need to work within initial limit of authorised expenditure and increases in authorised expenditure

Read about the procedure for applying for an increase in expenditure, information required, urgent requests and asking for reconsideration.

Advice and assistance application procedures

Increases for the employment of counsel, expert witnesses and other third parties

View guidance on the process and what information is needed when applying for an increase to employ counsel or an expert/professional witness.

Advice and assistance application procedures

Increases in post-conviction ABWOR breaches and reviews, multiple deferred sentences and templates

Learn how to an increase in authorised expenditure for ABWOR cases for post-conviction breaches & reviews, multiple deferred sentences and template increases.

Advice and assistance application procedures

Increase requests for Scottish Criminal Cases Review Commission cases

Find out the procedure for applying for an increase in relation to a SCCRC case and information that we need.

Advice and assistance application procedures

Advice to or on behalf of children

Learn about the requirements when granting advice and assistance to a child.

Advice and assistance application procedures

Changes of nominated solicitor under advice and assistance

Find out about the limited circumstances where we will consider allowing a change in a solicitor and how to do this.

Advice and assistance application procedures

Second solicitor giving advice and assistance on the same matter: prior authority required

Find out what you need to do if your client is seeking A&A when they have already received advice from another solicitor.

Advice and assistance application procedures

Procedure for withdrawing from giving advice and assistance/private charging after a grant of advice and assistance

Find out what you need to do if you decide to stop providing advice and assistance to your client.