The provision of general criminal ABWOR

The financial limit regulations prescribe the initial limit of authorised expenditure, above this you must apply for an increase in authorised expenditure. The relevant limits are where the ABWOR:

Relates to a criminal matter other than summary criminal proceedings – £215
Involves a second or subsequent diet that has been ordered by the court – £290
Relates to Parole Board proceedings – £215

For post-conviction ABWOR proceedings [regulation 4 of The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003], you can apply a substituted initial limit of £290 if a second or subsequent diet is ordered by the Court. This should be intimated to us when submitting your account.

Any further request for increase over £290 must be applied for in the usual way.

Templates are available for some types of ABWOR, which allow you to apply for one increase to cover the costs of deferred sentences and other post-conviction hearings.

Change of solicitor under general criminal ABWOR

There is no provision under the advice and assistance regulations for transferring a grant of advice and assistance. The exception to this rule is summary criminal ABWOR [regulation 6]. You cannot transfer “post-conviction ABWOR”, however, we do have an administrative arrangement for doing so in certain prescribed circumstances.

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

General ABWOR proceedings for which a financial test is necessary