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  • Covid-19

Covid-19: Guidance on making interim claims for payment [UPDATED]

See guidance on interim payment claims during the Covid-19 pandemic for various accounts, including criminal, civil & children's legal aid, A&A and ABWOR.

  • Covid-19

Opponent notifications and statutory statements in applications

Sets out Covid-19 arrangements on notifications of civil legal aid applications to opponents and what we need as far as statutory statements

opponents opponent

  • Covid-19

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.

Notification intimation application form declaration mandate category codes initial limit

  • Covid-19

The Declaration

Find out about the online declaration, what it is for and how it ensures payment for work carried out.

Online declaration financial assessment financial eligibility route to payment contribution passport benefits vouching of income or capital collection of contribution instalments client signature of declaration form mandate legal aid online declaration legal aid online mandate

  • Covid-19

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

verification practicable availability of evidence updated information missing documentation late verification

  • Covid-19

Availability of criminal legal aid in summary proceedings

Learn about when criminal legal aid becomes available in summary proceedings.

Summary applications applications for a not guilty plea proceedings after pleading not guilty summary prosecution

  • Covid-19

Applying for legal aid in summary proceedings

Find out how to apply, what you must get from your client and the information we require to grant legal aid in summary proceedings.

Summary application form criminal suumary declaration criminal summary declaration application after tendering a not guilty plea summary declaration

  • Covid-19

Legal Aid Online applications for solemn legal aid

Find out the information we require and how you must apply for legal aid in solemn proceedings.

Solemn cases solemn proceedings petition case how to apply client’s declaration applicant’s declaration valid application application form information required for application

  • Covid-19

Choosing the right legal aid declaration form for criminal appeals

Find out which declaration form to use for criminal appeals depending on whether or not your client was in receipt of legal aid for the original proceedings.

Declaration form LAO/APP/1 applying for appeal online supporting documentation correct form selecting the right form for an appeal LAO/APP/2 appeal legal aid leagl aid appeal

  • Covid-19

Completing the advice and assistance application form

Find out about the process for completing a civil Advice and Assistance application, including what you need to tell, how, and when.

Diagnostic Standard A&A advice other rights and facilities authority to grant

  • Covid-19

Financial eligibility for advice and assistance: evidence you must supply

Find out about the types of income and capital verification required for the admittance to Civil Advice and Assistance.

Income Capital Eligibility for advice and assistance financial evidence financial verification keycard Earnings Payslips P60 Self-employed earnings Business Accounts Self-Assessment tax return Benefits Benefit Award letters Bank accounts Business bank accounts Bank statements Property valuation Mortgage statement Investments No verification

  • Covid-19

The essential components of a civil legal aid application: forms, statutory statements, declaration

This page sets out the key information that must be provided with an application for civil legal aid. It includes guidance on information you should make applicants aware of before applying; identifying the correct application form; and how to provide an effective statutory statement.

minimum application requirements statutory statement declaration CIV/SOL online declaration application requirments

  • Covid-19

Civil legal aid accounts: activities covered by the conduct fee

Find out what tasks are covered by the conduct fee

Conduct hearings attendance conduct fee appearance fee

  • Covid-19

Civil legal aid accounts: availability of payments to account for fees

Learn more about payment of block fee and detailed accounts.

Payments to account fees interim payment schedule 5 schedule 6 detailed fees block fees

  • Covid-19

Applying for advice and assistance: choosing the correct category code, and advice and assistance applications on behalf of – or directly by – a child

Find out how you must apply for children’s A&A, timescales for doing so, when different category codes are appropriate and who may make applications.

Advice and assistance A&A ABWOR CHSA FAM CHC Social work fresh evidence proof child under 12 child over 12 category codes child age ACRA

  • Covid-19

Assessment of your client’s financial eligibility

Read about financial eligibility provisions for A&A and when contributions are payable, as well as the evidence needed to verify financial eligibility.

Passported benefit income support ESA JSA universal credit disposable income capital contribution keycard eligibility limits verification; financial verification

  • Covid-19

Cases where no documentary evidence of eligibility is immediately available

Find out what you can do in cases where documentary evidence of financial eligibility is not immediately available, including a number of examples.

No verification no documentary evidence verification can't verify no evidence no documents

  • Covid-19

Online declaration/your client’s declaration

Read our explanation of the purpose of the declaration form, find out who should complete it and what you should do with the completed form

Declaration form Nominated solicitor Representative capacity fiduciary capacity Child signing Declaration Form mandate

  • Covid-19

Eligibility for interim reimbursement of fees and outlays

Find out when it is possible to apply for an interim claim of fees or outlays.

Reimbursement Interim payment of fees Interim payment of outlays No advance payment of outlays

  • Civil Guidance
  • Availability of advice and assistance

Definition of advice and assistance

Read the definition of advice and assistance provided in the Legal Aid (Scotland) Act 1986, and what is meant by ‘representation’ in the context of A&A.

Availability of A&A Scots Law Advice and Assistance; Representation ABWOR Section 6 Legal Aid (Scotland) Act 1986

  • Civil Guidance
  • Availability of advice and assistance

Matters covered by civil advice and assistance

Find out about the extent to which advice and assistance is available for covering matters in different contexts, including outwith Scotland.

Scots Law UK Law Foreign Law Availability Jurisdiction covered A&A what is covered

  • Civil Guidance
  • Availability of advice and assistance

Granting standard advice and assistance

Read about the two forms of advice and assistance, and when you need prior approval to give standard A&A.

uplift from diagnostic to standard diagnostic A&A standard A&A diagnostic increase

  • Civil Guidance
  • Availability of advice and assistance

Matters covered by a diagnostic interview

Find out about the matter types and the tasks that may be covered by diagnostic advice and assistance.

Diagnostic A&A extent of cover diagnostic interview

  • Civil Guidance
  • Availability of advice and assistance

Choosing the correct A&A category code: Civil or Children’s

Read our guidance on choosing the correct category code for certain matters under A&A, to understand when a matter falls under Civil or Children’s A&A.

Civil A&A Childrens A&A Civil Family issues FAM choosing picking selecting category code A&A CHSA

  • Civil Guidance
  • Availability of advice and assistance

Diagnostic advice and assistance matter categories

View the list of categories that are covered by diagnostic advice and assistance (e.g. benefits, prison rules), and their associated category codes.

Diagnostic Category Codes £35 diagnostic category codes

  • Civil Guidance
  • Availability of advice and assistance

Policy and procedure where providing a diagnostic interviews only or multiple interviews

Find out how often you can grant diagnostic A&A and the associated procedures for doing so.   

Diagnostic A&A Further Diagnostic in 3 months Diagnostic procedures second diagnostic application multiple applications

  • Civil Guidance
  • Availability of advice and assistance

Moving from a diagnostic interview to standard advice and assistance: when and how to do this

Find out how to apply for an uplift from diagnostic to standard A&A, factors you should address in your application and the implications for payment.

Diagnostic Uplift Diagnostic to Standard Diagnostic Increase uplift A&A uplift diagnostic uplift

  • Civil Guidance
  • Availability of advice and assistance

Approved subject matters for standard advice and assistance: deciding whether a matter is ‘distinct’

Find out how to determine if a further grant of civil A&A is required for a ‘distinct matter’ and view a list of approved categories for standard A&A

Duplicate grant Distinct grant Multiple grants of A&A List of Standard A&A case types  

  • Civil Guidance
  • Availability of advice and assistance

Civil advice and “representation”: steps that can and cannot be taken before a court or tribunal

Find out what work can be carried out under A&A and ABWOR before a court or tribunal.

Civil ABWOR Steps in proceedings

  • Civil Guidance
  • Availability of advice and assistance

Relationship with civil legal aid applications

Read about how A&A interacts with civil legal aid applications; including A&A where civil legal aid is refused or not available.

Civil A&A Civil Legal Aid link relationship

  • Civil Guidance
  • Availability of advice and assistance

Who may provide civil advice and assistance?

Find out who may provide civil advice and assistance, and elements which may be undertaken by trainees or unqualified staff.

Solicitor Trainee solicitor Unqualified staff Paralegals

  • Civil Guidance
  • Availability of advice and assistance

Who can receive advice and assistance?

Find out who can receive A&A, and read guidance on availability of A&A for any client with other rights and facilities.

Person Child Under 16 Representative Capacity Company Body Club Firm Partnership Society Association Other rights and facilities Trade Union Home Insurance Car Insurance Policy Section 6

  • Civil Guidance
  • Availability of advice and assistance

Commencement of advice and assistance: the relevant date

Find out at what point A&A work becomes chargeable, and the relevant date to complete on the application.    

Applicant signature Solicitor signature Eligibility Financial Assessment Regulation 8 Chargeable Work

  • Civil Guidance
  • Availability of advice and assistance

The role of unqualified persons in the provision of advice and assistance

Read about the potential roles of unqualified persons in the provision of advice and assistance and what tasks they can undertake.

Unqualified staff paralegal admin staff administrative staff non solicitor non-solicitor receptionist

  • Civil Guidance
  • Availability of advice and assistance

Questions to ask your client in determining whether to grant advice and assistance

Read a list of key questions you may wish to ask different categories of clients (including children) in determining whether you may grant A&A.  

Child Representative Capital Income Property Partner Married Co-Habiting Aggregating Resources Conflict of Interest Contrary Interest

  • Civil Guidance
  • Availability of advice and assistance

Client information and satisfying yourself on eligibility before granting

Find out about satisfying yourself of your client’s financial eligibility before admitting to them to advice and assistance.     

Eligibility Income Capital Verification     

  • Civil Guidance
  • Availability of advice and assistance

List of your responsibilities

Read a list of your personal responsibilities in admitting your clients to advice and assistance.    

Eligibility Previous Advice and Assistance ABWOR Other rights and facilities other funding other facilities

  • Civil Guidance
  • Availability of advice and assistance

TOOL: apply for/oppose an order under the Adults with Incapacity (Scotland) Act 2000

Use our tool to view the steps in applying for/opposing an order under Adults with Incapacity (Scotland) Act 2000 and find which category code to use.

AWI order AWI application adults with incapacity oppose AWI order apply AWI order Adults with Incapacity (Scotland) Act 2000

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance and the assessment of financial eligibility

Read about how your client’s financial eligibility is assessed for the purposes of civil advice and assistance, including information on client contributions.

Financial Assessment Eligibility Eligibility limit Keycard disposable income Capital; Savings Property Contribution

  • Civil Guidance
  • Advice and Assistance application procedures

Financial eligibility of children for advice and assistance (non-criminal matters)

Find out about how we assess the financial eligibility of children applying for A&A, including a definition of ‘child’ and a discussion of resource aggregation.

Child Child Application for A&A Alimentary Obligation Aggregating of resources Parents Provider of aliment Unjust Inequitable Student Further education College University Family Law Act 1985 Children’s bank accounts

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance for reciprocal enforcement of maintenance orders: special eligibility arrangements

Information about special arrangements for client eligibility for A&A under Reciprocal Enforcement orders

Income Capital advice and assistance eligibility Reciprocal Enforcement maintenance orders Maintenance Orders Act 1972 exemptions

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance applications: the applicant’s declaration

Read about the importance of obtaining your client’s signed declaration as part of the A&A application and what they should understand when signing.

Declaration Mandate Capital Mandate client signature signing date client consent 7 Day Assessment Period Contact 3rd Parties contact third parties Other Bodies Property Recovered or Preserved False Declaration Quality Assurance

  • Civil Guidance
  • Advice and Assistance application procedures

Telephone grants of advice and assistance

Information on when clients may be admitted to Civil Advice and Assistance over the telephone.

Admittance to A&A Telephone grant posting the application 14 days to submit

  • Civil Guidance
  • Advice and Assistance application procedures

Granting advice and assistance: timescales for notifying us

Find out about the timescale for submitting a Civil Advice and Assistance application and late notifications.

Application deadline Commencement Date 14 Days payment of account late notification

  • Civil Guidance
  • Advice and Assistance application procedures

Identifying case types where A&A is appropriate: distinct and reasonably ancillary matters

Read about how to determine if you need to make a fresh grant of Civil A&A and distinct and ‘reasonably ancillary’ matters across various case types.

Distinct matters Ancillary matters Category codes Diagnostic interview Uplift to Standard fresh application Regulation 8A.

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance and the basic limits of expenditure: which level applies?

What initial authorised expenditure limit applies to a grant of A&A in various circumstances?

£95 £180 Initial Authorised Expenditure Level ABWOR initial limit

  • Civil Guidance
  • Advice and Assistance application procedures

Authority to exceed the initial expenditure limit for advice and assistance: template increases

Read about the process for gaining authority to exceed the initial limit of expenditure: the use of templates for increases in certain cases.

Civil Increases Civil Templates Increases limit of expenditure templates authorised expenditure prior authority

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance: non-templated increases

This page includes information on how to apply for non-templated increases in expenditure under civil A&A. It covers the information you should provide us with; case-related factors to address in your application; the process for reconsideration of refused increases; the process for urgently needed increases; whether authority for retrospective increases is available; and other guidance you may wish to consider.

Non Template Increase Civil Increase AA ABWOR limit of expenditure emergency increase out of hours number urgent increase

  • Civil Guidance
  • Advice and Assistance application procedures

Providing advice and assistance to children

Read about provision of A&A to children, including who may apply on a child’s behalf, and your role in assessing a child’s ability to instruct.

Children Child Application application on a child’s behalf Under 16 Capacity Curator ad litem Children (Scotland) Act 1995 ability to instruct

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance and changes of nominated solicitor

Read about arrangements for changes of nominated solicitor in A&A, including criteria we apply to requests, and procedure for changes or transfers.

Change of nominated solicitor in A&A Transfer of A&A block transfer block move

  • Civil Guidance
  • Advice and Assistance application procedures

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

Learn about the criteria that must be met for us to give our approval for a second solicitor to give advice and assistance on the same matter.

Duplicate applications Second grant of A&A Prior Authority same matter

  • Civil Guidance
  • Advice and Assistance application procedures

Procedure for withdrawing from giving advice and assistance

Find out what you need to do if you wish to withdraw from providing Civil Advice and Assistance

Withdrawal from acting Cease to act Regulation 13

  • Civil Guidance
  • Advice and Assistance application procedures

Private client charging after a grant of advice and assistance has ended: what you must do

Find out about arrangements for charging a client after a grant of A&A has ended, and what you must make sure the client agrees to.

End of A&A Rates after A&A Private paying client private client charging

  • Civil Guidance
  • Advice and Assistance application procedures

Rule on the simultaneous provision of A&A and civil legal aid

This page sets out the prohibition on the simultaneous provision of A&A and civil legal aid

Advice & Assistance Civil Legal Aid simultaneous A&A and legal aid

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Financial verification for civil advice and assistance: an introduction

An introduction to the financial verification required for Civil Advice and Assistance.

Introduction Financial Verification Civil Advice and Assistance Income Verification Capital Verification Eligibility     

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Financial verification for advice and assistance: general principles

View the general principles behind financial verification requirements for Civil Advice and Assistance.  

Financial Verification Income Verification Capital Verification Civil Advice and Assistance Documentary Evidence Eligibility

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance eligibility and financial verification: your client’s responsibilities and what they should be aware of

View the responsibilities of your client and what they should understand in regard to Civil Advice and Assistance and financial verification.

Applicant responsibilities Financial Verification False Information civil advice client responsibilities responsibilities

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance and financial eligibility: assessment of capital

Learn about the forms of capital and documentary evidence required or passport/non passport benefits when for advice and assistance.

Financial Assessment Capital Eligibility Keycard Bank Account Bank Statement Bank App Screenshot Print Out Savings Account Shares Bonds Stocks Investments Property Insurance Policies Trust Fund Assets Business Will Caravan Boat Car Jewellery Antiques National Savings Certificates Partner passport benefit passported benefit certificate partner

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance and financial eligibility: assessment of income

Learn more on the assessment of income when determining eligibility for Civil Advice and Assistance.

Financial Assessment Income Verification Keycard Earnings Wages Payslips Self Employed Business Accounts Self Assessment Tax Return Books Logs Passport Benefits Non Passport Benefits NASS Support Financial Assistance Financial Support Student Bursary Student Grant Student Loan P60 P45 Bank Statement Net Pay Income Tax National Insurance Maintenance CSA Aliment State Pension Pension Credit Private Pension Annuity non-passport

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance and financial eligibility: cases where no documentary evidence of eligibility is immediately available

Read about our position in relation to cases where no documentary evidence of eligibility is immediately available for financial verification.

No Financial Verification No Income Verification No Capital Verification No Documentary Evidence Initial Meeting

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance and financial verification in prisoners’ cases: aggregation of partner’s resources

Learn how to aggregate partner’s resources in prisoner cases for financial verification in civil A&A.

Prison Prisoner Partner Relationship Married Partner Resources Separated Separate and Apart Contrary Interest Conflict of Interest Unjust Inequitable impractical prisoner's wife priosn wife

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance and financial verification: required age of documentary evidence

Read about the age of the documentary evidence required for civil advice and assistance.

Documentary Evidence Age Recent Eligibility Payslip Bank Statement Benefit Award letter Business Accounts

  • Civil Guidance
  • ABWOR in civil proceedings

The scope and availability of ABWOR in civil proceedings

Find out what the scope and availability of ABWOR and what proceedings it is availble for.

ABWOR tribunal hearing first tier tribunal upper tribunal

  • Civil Guidance
  • ABWOR in civil proceedings

Proceedings requiring our prior approval before granting ABWOR

Learn which proceedings you need our prior approval to provide ABWOR to your client.

ABWOR application appointment of executor first tier tribunal upper tribunal eligibility for ABWOR effective participation

  • Civil Guidance
  • ABWOR in civil proceedings

Financial eligibility tests for ABWOR: case type exemptions

Find out where exemptions apply for ABWOR.

free ABWOR non means tested ABWOR prescribed proceedings exemptions Historical sexual offences same-sex disregard disregard application

  • Civil Guidance
  • ABWOR in civil proceedings

Your responsibility to decide on your client’s eligibility for ABWOR

Read about your responsibilities when assessing your client’s eligibility for ABWOR.

ABWOR Assessment Capital

  • Civil Guidance
  • ABWOR in civil proceedings

Requirement for our prior approval for certain ABWOR cases: tests applied

View the tests you will need to satisfy to obtain our prior approval to provide ABWOR to your client in certain proceedings.

Reconsideration refusal of ABWOR applying for ABWOR ABWOR tests ABWOR requirements

  • Civil Guidance
  • ABWOR in civil proceedings

Civil ABWOR: the limit of authorised expenditure

View the amount of authorised expenditure initially available for ABWOR and how to increase this.

Expenditure limit Authorised expenditure ABWOR Fees expenditure limit

  • Civil Guidance
  • ABWOR in civil proceedings

Exemptions to rules on property recovered or preserved in Upper Tribunal proceedings

View a list of the legislation where property recovered or preserved in Upper Tribunal proceedings is exempt.

Property recovered preserved recovered or preserved clawback exemptions Upper Tribunal

  • Civil Guidance
  • ABWOR in civil proceedings

Determination: cover for representation before the First-tier Tribunal (Asylum Support)

A determination in terms of s4(2)(c) of Legal Aid (Scotland) Act 1986 allows for representation before the First-tier Tribunal (Asylum Support)

First-tier Tribunal (Asylum Support) determination section 103 of the Immigration and Asylum Act 1999 asylum and immigration Scottish government determination SG determination asylum support appeals asylum support appeal

  • Civil Guidance
  • Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

The use of counsel under Advice and Assistance

Find out more about obtaining authorised funding for counsel under A&A.

Increase for counsel Third parties Authorised expenditure ABWOR

  • Civil Guidance
  • Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Advice and assistance increases for expert witnesses who are based at a considerable distance from the court and your client: factors to address

View instances where A&A increases for expert witnesses that are located at a distance from the court and your client with the factors to address.

Increase for an expert choice of expert location of expert distance witnesses choice

  • Civil Guidance
  • Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Advice and assistance increases for mediation

Find out about the conditions that have to be met for mediation to be considered outlay in your account under advice and assistance.

increase for mediation mediation mediation increase mediation cost mediation fee

  • Civil Guidance
  • Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Limited availability of advice and assistance for tracing relatives or witnesses: “fishing enquiries”

Discover when it is acceptable to trace a relative, party or witness and the implications on the availability of advice and assistance.

Tracing witness fishing enquiries relatives advertising tracing witness tracing relative relative

  • Civil Guidance
  • Increases for different types of case under A&A and ABWOR

TOOL: A&A increases and templates guide

Access guidance and easily check if a templated increase is available on Legal Aid Online for the type of A&A case you are working on.

A&A increase A&A increases template A&A template A&A templates. template increase non-template increase LAOL increase legal aid online increase advice and assistance increase Adoption Aliment Anti-social behaviour orders ASBOs Appeals CICA Convention case Applying for civil legal aid parental rights parental responsibilities Asylum Asylum appeals Bonds of caution in executries Caveats Child abduction Child Maintenance Service Contact residence Conveyancing Transfer of family home between spouses cohabitees separation divorce dissolution civil partnership Criminal injuries compensation claims Crofting Curators ad litem Declarator of parentage Defending action under the Convention Diligence Employment tribunals European agreement transmission of legal aid applications European Court of Human Rights Executry Failure to obtemper court orders Fatal Accident Inquiries FAI Guardianship Home visit hospital visit prison visit Housing Interdict Judicial review Mental Health (Care and Treatment)(Scotland) Act 2003 mental health Minutes of agreement Naturalisation as a British citizen Non-harassment orders Payment actions Pension splitting Pensions Power of Attorney Recovery of heritable property Reparation Sexual offence prevention order Simple Procedure Social security Watching brief Welfare benefit analysis Wills

  • Civil Guidance
  • VAT

Value Added Tax (VAT) – how it is applied on legal aid accounts

This guidance deals with general issues of Value Added Tax (VAT) as it affects SLAB and claims made by solicitors for work done

  • Civil Guidance
  • Accounts common queries

Accounts: Common queries in relation to the preparation and submission of legal aid accounts

Information addressing some common accounts queries to help you to frame accounts that are more likely to be paid in full, first time, thereby reducing delay

  • Civil Guidance
  • ABWOR accounts information

Civil ABWOR accounts: what is ABWOR and who may provide it?

Find out the definition of ABWOR and who is able to provide this service.

ABWOR accounts assistance by way of representation who can provide ABWOR circumstances where ABWOR is available provision of representation civil ABWOR ABWOR listed proceedings

  • Civil Guidance
  • ABWOR accounts information

List of ABWOR proceedings for which our prior approval is needed

Find out in which civil proceedings you will require our prior approval before granting ABWOR.

ABWOR proceedings eligible ABWOR proceedings civil proceedings where you require prior approval circumstances where you require SLAB permission pre-ABWOR grant ABWOR conditional on our pre-approval require prior approval Historical sexual offences same-sex disregard disregard application

  • Civil Guidance
  • ABWOR accounts information

ABWOR accounts and the employment of counsel: requirement of prior approval, and charges for unauthorised advocacy

Learn why you must apply to us for sanction for employment of counsel.

ABWOR increase ABWOR counsel ABWOR senior counsel ABWOR advocate counsel sanction for counsel employment of counsel costs of counsel authorised expenditure unsanctioned counsel consequences of unsanctioned counsel entrusting a case to counsel

  • Civil Guidance
  • ABWOR accounts information

ABWOR and charges for affidavits

Find out when affidavit charges may be payable for ABWOR.

affidavit ABWOR affidavit judicial proceedings administrative affidavit examples where affidavit is chargeable fee for affidavit

  • Civil Guidance
  • ABWOR accounts information

ABWOR and sequestration proceedings: block fees payable and charges subsumed

Read more on sequestration proceedings and how you should charge fees in such cases.

sequestration sequestration ABWOR ABWOR block fees sequestration proceedings block fees or detailed fees? general debt advice petition subsumed within block fee advising on matter of debt ABWOR for sequestration of an estate petition by a debtor

  • Civil Guidance
  • ABWOR accounts information

ABWOR payments for hearings before tribunals

Find out what payments you are entitled to for attending hearings before tribunals, including waiting time.

payment for hearings before tribunals fees for tribunal hearings minimum advocacy fee entitlement to fees for hearings calculating total fee for attendance at a hearing waiting time waiting time calculations calculating waiting time payment where gaps in waiting time at tribunal hearings

  • Civil Guidance
  • ABWOR accounts information

ABWOR accounts and instructing local agents

Discover when you should consider instructing a local agent.

ABWOR local agents instruction local agents distant tribunal nearest available agent local solicitor who should act based on location closest available representation travel costs unreasonable travel costs factors to consider before instructing local agent necessity of personal attendance in spite of travel costs personal attendance location of court

  • Civil Guidance
  • ABWOR accounts information

ABWOR and our assessment of fees for preparation: specific information required

Find out what specific information you should provide to support your fees for preparation.

Preparation fees eligible charges for preparation work details required on preparation work notes kept on file for preparation work reasonable charges for prep stage suitable notes to retain on prep work

  • Civil Guidance
  • Diagnostic interview

Payment for diagnostic work where standard A&A later becomes available

Find out when standard advice and assistance should be effectively substituted for your diagnostic interview.

further diagnostic grant diagnostic A&A diagnostic advice and assistance

  • Civil Guidance
  • Diagnostic interview

Submission of diagnostic advice and assistance accounts: timebar after three months

Find out why you must submit your diasnostic account within three months of the conclusion of advice and assistance.

diagnostic account diagnostic A&A account three months three month time bar timebar three month account

  • Civil Guidance
  • Diagnostic interview

Diagnostic advice and assistance: definition and expenditure limit

Find out what diagnostic advice and assistance covers and what your expenditure limit is.

diagnostic advice and assistance diagnostic A&A diagnostic expenditure diagnostic limit

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

Introduction to civil A&A accounts legislation

Learn about the legislation applicable to Civil A&A accounts.

Civil A&A accounts legislation introduction

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

Basis on which we assess requests for payment of AA fees and outlays: the standard of taxation

Learn about the standard of taxation we apply to the assessment of A&A accounts.

Accounts assessment basis for taxation standard of taxation taxation

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

Tables of fees available for civil advice and assistance

Read an explanation of the table of fees available for civil A&A and ABWOR and access a link to them.

Civil A&A fees table of fees Schedule 3

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

Cases where you are not due payment from the Fund: restrictions on what you can charge your client

Find out what you can charge your client where payment is not due from the Fund, including relevant rates and limits.

Charging the client where no Fund payment due client charging charge client private fees

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

Civil legal aid already in place

Find out the position on providing both A&A and civil legal aid in parallel

Giving advice and assistance when civil legal aid is in place/granted interaction between A&A and legal aid linked A&A and legal aid parallel A&A parallel legal aid already in place

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

What information should you supply with your civil A&A account?

Find out what you need to supply when seeking payment of your civil advice and assistance account.

Account narrative accounts information required for assessment documents to supply required information accounts information

  • Civil Guidance
  • Issues arising with different types of A&A

A&A for conveyancing work: requirement for increase to be granted and implications for property recovered or preserved

Discover more about conveyancing work, including when you should apply for an increase and what implications this has for property recovered or preserved.

Conveyancing work increase for conveyancing property recovered property preserved

  • Civil Guidance
  • Issues arising with different types of A&A

A&A charges for Criminal Injuries Compensation Agency work: no fees payable for precognitions

Find out why you are unable to charge for taking precognitions, in line with CICA work.

CICA application charges for precognitions fees for taking precognitions criminal injuries compensation agency work CICA form Criminal Injuries Compensation Agency Criminal Injuries Compensation Agency form Criminal Injuries Compensation Agency application

  • Civil Guidance
  • Payment under civil advice and assistance

Assessment of advice and assistance accounts: providing proportionate advice and potential abatements

Discover more about how to provide proportionate advice and potential abatements.

Proportionate advice abatements unnecessary advice advice and assistance accounts assessment of accounts reasonable advice payment for advice

  • Civil Guidance
  • Payment under civil advice and assistance

Payment under advice and assistance

Find out at what point you can charge for providing A&A and circumstances in which you must apply the financial test even where free ABWOR is available.

Advice and assistance accounts Regulation 8 free ABWOR when can I charge for A&A lodging an account criteria charge advice payment for work done

  • Civil Guidance
  • Payment under civil advice and assistance

“First port of call” provisions: payment sources to look to before making a claim on the Fund

Read about the hierarchy of payment sources, and the order in which you should look to them for payment (i.e. contributions and property recovered/preserved).

Hierarchy of payment first port of call sources of payment claims on the Fund contributions Section 12 payment soucre property recovered property preserved recovered preserved

  • Civil Guidance
  • Payment under civil advice and assistance

How to calculate and seek payment for A&A: the role of expenses/property recovered or preserved

Read about seeking payment of your A&A account from property recovered or preserved and the exceptions in which you may look to other sources.

Property recovered or preserved hardship applications Regulation 16(3) payment from the Fund sources of payment AA/HARDSHIP property recovered property preserved recovered property preserved property

  • Civil Guidance
  • Payment under civil advice and assistance

Payment for A&A where claiming judicial expenses: no claims on Fund or your client

Read about the restrictions on claiming payment from the Fund or your client where you are accepting judicial expenses.

Judicial expenses expenses in lieu payment from the client

  • Civil Guidance
  • Travel

When does travel become chargeable under A&A? Information you must be satisfied on

Find out the information you need to be satisfied about before you will be paid to travel to meet a client.

Charges for travel when is travel chargeable conditions for travel charges travel charge meeting client driving to client travelling to client

  • Civil Guidance
  • Travel

A&A and general rules for travel-related charges

Find out more about the general rules for travel in the context of civil A&A accounts, including on methods of travel.

Travel travelling cost of travel travel to client methods of travel travelling to client

  • Civil Guidance
  • Travel

A&A charges for consecutive days’ travel: is it cost effective?

Find out when we will pay for travel to the same location on consecutive days.

Overnight travel consecutive travel travel to same location multiple days of travel travelling

  • Civil Guidance
  • Travel

A&A travel costs: steps you should take to ensure costs will meet the statutory tests

Read about the steps you can take to ensure costs for A&A travel meet the statutory tests

Travel planning travel travel-related guidance travel rules accounts rules travel cost cost of travel will you pay for travel paying for travel travel accounts

  • Civil Guidance
  • Travel

Payment for travel outwith normal hours: what location will we pay you from?

Find out which location we will pay you from for travel out with normal office hours.

Travel outwith normal hours business address payment and location

  • Civil Guidance
  • Travel

Advice and Assistance accounts and travel: flat mileage rate payable and parking charges

Learn useful information about the milage allowance, VAT and parking charges for your A&A account.

Mileage rate VAT parking charges travel costs

  • Civil Guidance
  • Travel

Payment for travel and the appropriate apportionment of cost between clients: general policy

Find out about how travel costs should be apportioned where you have multiple clients, including various examples.

Apportionment of travel costs multiple clients recording of travel splitting travel costs travel costs for several clients dividing travel costs split travel costs splitting travel

  • Civil Guidance
  • Travel

Travel costs for one destination: attending on multiple clients and when to round up time spent

Find out about charging for travel costs where you have visited multiple clients at one destination.

Travel to see more than one client travel expenses visits costs multiple clients several visits splitting travel costs dividing travel costs

  • Civil Guidance
  • Travel

Travel costs where multiple destinations: how to appropriately allocate costs where equal apportionment is not possible

Read about how to allocate costs where equal apportionment cannot be done, including a worked example.

Travel to multiple destinations non-equal apportionment attributing travel costs

  • Civil Guidance
  • Who may give advice and assistance

Understanding what is properly chargeable in accounts: who can provide advice and assistance?

View a reminder of the importance on understanding who can provide A&A and provides an overview of relevant information.

Properly chargeable who may provide advice and assistance unqualified persons delegation

  • Civil Guidance
  • Who may give advice and assistance

Advice and assistance accounts: delegation of work to unqualified person

Find out about the tasks which unqualified persons may be delegated, including a number of examples of appropriate and inappropriate delegation.

Unqualified persons delegation chargeable tasks definition of advice and assistance

  • Civil Guidance
  • Who may give advice and assistance

A&A/ABWOR accounts: what counts as ‘representation’?

Find out about how ‘representation’ is defined for the purposes of understanding what is chargeable in an A&A account, with a number of examples.

Representation trainees steps in proceedings preparation chargeable work

  • Civil Guidance
  • Who may give advice and assistance

Advice and assistance accounts: can I undertake chargeable work if my practicing certificate has been restricted?

Find out the implication of a restricted practicing certificate on whether you can undertake chargeable work under A&A.

Restricted practicing certificate chargeable work suspension of practicing certificate entitlement to practice

  • Civil Guidance
  • Who may give advice and assistance

Can I delegate advice and assistance to an out of house professional?

Find out the rule on the delegation of advice and assistance to other out of house professionals such as accountants.

Delegation out of house professional outsourcing accountant financial adviser

  • Civil Guidance
  • Who may give advice and assistance

Employment of and payment for counsel under A&A: prior authority required

Find out when you need to obtain prior authority to employ counsel under A&A.

Employment of counsel counsel and A&A delegation of work to counsel prior authority

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Introduction to advice and assistance: property recovered and preserved provisions

Read an introduction to the issue of property recovered and preserved in civil A&A.

Where to get payment of your advice and assistance account hierarchy of payment fees and outlays clawback

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Payment of A&A fees and outlays: the hierarchy of payments and where you should look to for payment

Find out about the different sources you should look to for payment of your account and their hierarchy.

Hierarchy of payments Payment of advice and assistance account Payment from the Fund

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Our definition of property recovered or preserved (advice and assistance)

Learn our definition of property recovered or preserved in advice and assistance, and find various examples.

Recovered Recovery Preserved Preservation Clawback Difference between civil and A&A Half sharing Exempt exemption what is property definition

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Property recovered or preserved where your client received both A&A and civil legal aid

Read about how payment for A&A/civil legal aid accounts are linked where property is recovered or preserved, and differences between civil and A&A in this area.

Recovered Recovery Preserved Preservation Clawback Difference between civil and A&A Half sharing Exemptions Releasing money Retaining sufficient sums to cover accounts linked A&A

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Hardship applications: grave hardship or distress to client or unreasonable difficulty or delay recovering the money – Reg. 16(3)

Read an overview of the two types of hardship applications in civil advice and assistance and what they mean for payment of your account.

Hardship applications Distress Grave distress Delay Undue delay Refused Reg 16 payment from the Fund

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Client hardship applications: Regulation 16(3)(a)

Find out about the advice and assistance hardship application based on hardship to your client, and information you should provide with these applications.

Client hardship Hardship 1 Grave hardship Distress Client unable to pay Reg 16

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Solicitor hardship applications: difficulty or delay in recovering from the applicant

Find out about the hardship application process for when you’re facing difficulty or delay in recovering from the applicant, including examples.

Solicitor hardship Hardship 2 Undue difficulty Delay Delay in getting payment from client Future recovery Tried to recover

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Clawback and transfers of agency

Find out about the payment implications of transfers of agency in cases where clawback may be an issue.

Transfer of agency No longer acting Previous solicitor’s advice and assistance account Action ongoing

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Review of our refusal under regulation 16(3)(a) or (b)

Find out about how you can appeal a hardship refusal.

Hardship decision Refused Appeal decision Review

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Clawback: our right to recover sums paid out of the Fund from the applicant

Learn about what right we have to recover any expenses or property recovered or preserved by your client to reimburse the legal aid fund.

Future recovery Applicant will have to pay in the future

  • Civil Guidance
  • Expenses

Expenses in favour of an assisted person

Find out about provisions relating to expenses in favour of your client, including situations where you should seek these and our power in this area.

Expenses Where my client is successful seek an award of expenses Factors in seeking expenses Expenses awarded Paying expenses to SLAB successful client seeking expenses award of expenses expenses award

  • Civil Guidance
  • Expenses

Expenses awarded against your client

Read about arrangements for when expenses are awarded against your client, including liability and the process for modifying or reassessing an award.

Expenses Where my client is unsuccessful Expenses against assisted person liability for expenses modification of expenses reassessment of expenses due client unsuccessful expenses awarded against client lost case court expenses

  • Civil Guidance
  • Expenses

Expenses of unassisted party out of the Legal Aid Fund

Find out about the circumstances in which an unassisted person’s expenses may be paid from the Fund and procedural information on Section 19 motions.

Expenses expenses of unassisted parties Section 19 where my client is successful against an assisted person client unsuccessful lost case won case section 19 motion motion section 19

  • Civil Guidance
  • Expenses

Awards of judicial expenses

Find out when you may seek payment of an award of judicial expenses, the implications for lodging your accounts, and read general guidance on this topic.

Judicial expenses Seeking payment of judicial expenses Electing to claim civil legal aid fees when judicial expenses are recovered Judicial expenses where both legal aid and advice and assistance provided paying judicial expenses chossing judicial expenses

  • Civil Guidance
  • Expenses

Judicial expenses and private charging for work done before legal aid was granted

Read more about judicial expenses and how to charge for private work done before the grant of legal aid.

Expenses and private charging; speculative agreements; private feeing; Section 32; judicial expenses; work done before legal aid in place private charging private fees expenses choosing expenses

  • Civil Guidance
  • Interpreting and translating

Language interpreting and translation

Overview of factors we must consider

Please note this guidance does not apply to outlays in respect of British Sign Language interpreters.

Payment rate for interpreters Interpreting Translating Interpreters Translation Interpreters’ fees Translating fees Dungavel Police station visits Interpreters’ cancellation fees Interpreters’ travel Interpreters’ waiting time cases with language barriers cases where client doesn’t speak English Interpreters’ expenses language barrier

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Civil: General scope of legal aid in contempt of court proceedings

Read about the availability of legal aid for contempt of court proceedings and the type of legal aid you should apply for in these proceedings. It also sets out the powers of the court in relation to legal aid for contempt proceedings under Section 30 of the Legal Aid (Scotland Act 1986.

contempt of court contempt in civil proceedings civil contempt court granted legal aid legal aid from court contempt legal aid contempt of court legal aid

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Who can provide legal aid for contempt of court in civil proceedings? Legal aid registration requirements

Read about the registration requirements for providing legal aid for contempt of court.

civil contempt proceddings contempt of court legal aid legal aid for contempt civil Civil Legal Assistance Register

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Availability of legal aid for contempt of court proceedings

Learn about the application requirements in relation to legal aid for contempt of court. It covers the requirement to make applications, availability of legal aid for contempt at first instance and appeal stages, what is meant by ‘distinct proceedings’ and provides a definition of legal aid in this context.

Contempt distinct proceedings means merits means and merits appeal Section 30(1) Section 30(3) section 30 appeal contempt contempt application

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Civil: Contempt proceedings at first instance: power of the court to assign you or counsel

Find out about the power of the court to assign you or counsel in contempt proceedings and when and how this may be used.

court granted court assigned contempt of court sheriff appointed court appointed civil legal aid contempt proceedings

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Civil: Legal aid in contempt proceedings at first instance: applying to the court and eligibility criteria

Find out about the eligibility criteria the court applies for contempt proceedings at first instance, as well as the form to use in applications.

contempt of court applying for civil contempt of court civil contempt contempt in civil proceedings applying for contempt of court legal aid contempt of court legal aid

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Civil: Legal aid in contempt appeals: applications to us and tests applied

Find out how to apply for legal aid for an appeal against a contempt of court decision, including the test we apply and special urgency arrangements.

special urgency civil contempt contempt of court legal aid legal aid for contempt of court contempt proceedings first instance contempt proceedings contempt appeal contmept

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Civil: Contempt of court: refusals of legal aid

Read about arrangements for reviewing our decision to refuse legal aid for contempt of court proceedings and the implications of a successful appeal.

contempt of court review contempt refused contempt appeal contempt fees contempt payment court granted legal aid immediate grant civil contempt contempt in civil trial

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Civil: Sanction in contempt of court cases

Read about sanction in contempt of court cases, including when you need prior authority, the use of counsel, expert witnesses and unusual work.

contempt sanction sanction in contempt of court cases contempt of court counsel counsel in contempt of court approval for sanction expert witness in contempt contempt of court expert witness contempt prior approval

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Civil: Termination of legal aid in contempt cases: application of Regulation 8 and implications

Read about the circumstances in which we may terminate legal aid in contempt cases and the implications of termination for you and your client.

temrinate termination contempt of court legal aid contempt recovery recovery of fees

  • Criminal Guidance

CJSA, Counter Terrorism, Police Station Advice

Payment arrangements in respect of CJSA, Counter Terrorism, Police Station Advice

  • Criminal Guidance

Assessing disposable income in solemn proceedings

Find out how we assess disposable income and what outgoings can be included.

Passport benefit passport benefits non-passport benefit non-passport benefits earnings from employment drawings from self-employment outgoings calculating disposable income DWP types of income net profit all forms of income assessment of financial transactions income limits dependant allowance assessing disposable income assessing disposable income

  • Criminal Guidance
  • Legal aid for contempt of court proceedings

Criminal: General scope of legal aid in contempt of court proceedings

Read about the availability of legal aid for contempt of court proceedings and the type of legal aid you should apply for in these proceedings. It also sets out the powers of the court in relation to legal aid for contempt proceedings under Section 30 of the Legal Aid (Scotland Act 1986.

legal aid contempt of court contempt of court legal aid contempt legal aid court granted section 30

  • Criminal Guidance
  • Legal aid for contempt of court proceedings

Criminal: Who can provide legal aid for contempt of court? Legal aid registration requirements

Read about the registration requirements for providing legal aid for contempt of court.

court appointed court assigned appointed solicitor counsel in contempt contempt of court solicitor in contempt of court proceedings advocate appointed by court

  • Criminal Guidance
  • Legal aid for contempt of court proceedings

Criminal: Availability of legal aid for contempt of court proceedings

Learn about the application requirements in relation to legal aid for contempt of court. It covers the requirement to make applications, availability of legal aid for contempt at first instance and appeal stages, what is meant by ‘distinct proceedings’ and provides a definition of legal aid in this context.

criminal contempt contempt of court legal aid in criminal contempt court granted court legal aid

  • Criminal Guidance
  • Legal aid for contempt of court proceedings

Criminal: Contempt proceedings at first instance: power of the court to assign you or counsel

Find out about the power of the court to assign you or counsel in contempt proceedings and when and how this may be used.

court granted counsel from court advocate for contempt court assigned solicitor contempt of court

  • Criminal Guidance
  • Legal aid for contempt of court proceedings

Criminal: Legal aid in contempt proceedings at first instance: applying to the court and eligibility criteria

Find out about the eligibility criteria the court applies for contempt proceedings at first instance, as well as the form to use in applications.

applying for contempt of court contempt of court criminal contempt of court contempt of court legal aid court granted court legal aid sheriff legal aid judge granted

  • Criminal Guidance
  • Legal aid for contempt of court proceedings

Criminal: Legal aid in contempt appeals: applications to us and tests applied

Find out how to apply for legal aid for an appeal against a contempt of court decision, including the test we apply and special urgency arrangements.

contempt of court criminal contempt contempt application legal aid contempt applying for legal aid in contempt proceedings

  • Criminal Guidance
  • Legal aid for contempt of court proceedings

Criminal: Contempt of court: refusals of legal aid

Read about arrangements for reviewing our decision to refuse legal aid for contempt of court proceedings and the implications of a successful appeal.

contempt contempt of court criminal contempt review refusal contempt of court legal aid Secretary of State’s Determination contempt fees contempt of court fees

  • Criminal Guidance
  • Legal aid for contempt of court proceedings

Criminal: Sanction in contempt of court cases

Read about sanction in contempt of court cases, including when you need prior authority, the use of counsel, expert witnesses and unusual work.

sanction contempt of court contempt sanction criminal contempt sanction contempt of court in criminal proceedings counsel criminal contempt counsel in contempt of court employ counsel in contempt proceedings junior counsel in contempt expert witness in contempt case expensive work in contempt

  • Criminal Guidance
  • Legal aid for contempt of court proceedings

Criminal: Termination of legal aid in contempt cases: application of Regulation 8 and implications

Read about the circumstances in which we may terminate legal aid in contempt cases and the implications of termination for you and your client.

termination terminate legal aid terrminated legal aid stopped contempt contempt recovery

  • Criminal Guidance
  • Introduction to summary criminal fixed payments

What are fixed payments?

Find out what fixed payment are and how they apply to criminal legal aid.

fixed payments relevant criminal legal aid relevant ABWOR excluded proceedings

  • Criminal Guidance
  • Introduction to summary criminal fixed payments

Summary Criminal Reforms April 2023

Information on the Summary Criminal Reform changes introducing simplified fixed payment arrangements in April 2023

  • Criminal Guidance
  • Introduction to summary criminal fixed payments

Proceedings to which fixed payments apply

Learn about what kinds of cases fixed payments apply to.

fixed payment proceedings fixed payment cases

  • Criminal Guidance
  • Introduction to summary criminal fixed payments

Proceedings to which fixed payments do not apply

Find out the cases fixed payments do not apply to.

detailed fees payable fixed payments don’t apply

  • Criminal Guidance
  • Introduction to summary criminal fixed payments

The fixed payments schedules

Find out the fixed payments schedule that applies to the criminal legal aid work you are doing.

schedule 1 schedule 1A schedule 1B payment rates add-ons

  • Criminal Guidance
  • Introduction to summary criminal fixed payments

Bar on mixing fixed payments and detailed fees

Find out when you are not entitled to other payments on top of a fixed payment in criminal legal aid cases.

section 174 fixed payments detailed fees mixing fees

  • Criminal Guidance
  • Introduction to summary criminal fixed payments

Breach of bail etc. proceedings

Find out about payments for breach of bail cases and proceedings.

section 22 section 22ZA (1)(A) section 27(1)(a) section 28 section 150(8) section 22ZA (1)(b) section 22ZB section 27(1)(b) breach of bail bail proceedings

  • Criminal Guidance
  • Introduction to summary criminal fixed payments

Proceedings covered by fixed payments (the “single matter”)

Find out the proceedings covered by the summary legal aid and ABWOR fixed payments

proceedings single matter fixed payments

  • Criminal Guidance
  • Introduction to summary criminal fixed payments

Proceedings arising out of the same incident

Learn about the definition of these proceedings and possible additions to the fixed payment.

same incident arising from arising out of exceptions to single payment exceptions to arising from same incident not arising from same incident deferred sentences/add-ons where arising from same incident

  • Criminal Guidance
  • Introduction to summary criminal fixed payments

Single payment in a summary criminal case

Learn about the when a single payment is applicable in summary cases and when A&A or ABWOR is subsumed into this.

single payment subsumption subsuming payments

  • Criminal Guidance
  • Proceedings to which fixed payments do not apply

Exceptions to lodging a fixed payments account

Find out the two circumstances where detailed fees are used in summary legal aid.

exception to fixed payments detailed fees in summary criminal proceedings fixed payments excluded proceedings exceptional cases

  • Criminal Guidance
  • Proceedings to which fixed payments do not apply

Excluded proceedings  

Learn what proceedings you need to lodge a detailed account for and the main features of this work.

excluded proceedings Procedural appeals devolution issues detailed account Reduction from solemn proceedings Identification parades Appearance from custody Plea of insanity in bar of trial examination of facts Article 234 reference matters of special urgency extradition issues International Criminal Court Sexual offence child witnesses vulnerable witnesses appeals relating to preliminary pleas Compatibility issue

  • Criminal Guidance
  • Proceedings to which fixed payments do not apply

Exceptional cases  

Learn how exceptional cases are determined and the lodging of detailed accounts for this legal aid work.

exceptional cases

  • Criminal Guidance
  • Fixed payments allowable in a case

The structure of fixed payments

Find out which regulations cover the different fixed payments and any add ons in criminal legal aid accounts.

core fixed payment case disposal fee additional fixed payments add-ons

  • Criminal Guidance
  • Fixed payments allowable in a case

First and second deferred sentence 

Learn about a first or second deferred sentence being subsumed by a fixed payment.

first deferred sentence second deferred sentence subsequent deferred sentence deferred sentence

  • Criminal Guidance
  • Fixed payments allowable in a case

Schedule 1 fee (the legal aid core fixed payment)

Find the fixed payments for JP, sheriff and rural courts; what is covered; breach of bail; a court grant; and the under 21 supplement

core fixed payment schedule 1 Schedule 1 fixed payment section 23(1)(b) rural court under 21 under 21 supplement under-21 under-21 supplement JP court legal aid fee justice of the peace jp breach of bail half fee court-grant court grant remand

  • Criminal Guidance
  • Fixed payments allowable in a case

Schedule 1A fee (the legal aid core fixed payment in the sheriff court where the case does not proceed to trial beyond the first 30 minutes)

Find out about the case disposal fee in the sheriff court and the work this covers.

schedule 1A legal aid case disposal fee

  • Criminal Guidance
  • Fixed payments allowable in a case

Schedule 1B fee (the ABWOR core fixed payment in the JP and Sheriff court)

Find out what the ABWOR core fixed payment is in the Justice of the Peace and sheriff court and what work this covers.

  • Criminal Guidance
  • Fixed payments allowable in a case

Section 174(1) appeal

Find out how to charge for appeals under section 174(1) of the 1995 Act in the High Court in addition to other fixed payments.

section 174(1) work in High Court under section 174

  • Criminal Guidance
  • Fixed payments allowable in a case

Post-conviction hearings under ABWOR

Find out the payment arrangements for post-conviction hearings under the 1995 Act.

post-conviction ABWOR detailed ABWOR fee for post-conviction ABWOR

  • Criminal Guidance
  • Fixed payments allowable in a case

The drug court

Find out the fixed payments available if your client is referred to the drug court.

drug court

  • Criminal Guidance
  • Fixed payments allowable in a case

Travel

Find out the payment options for travel in criminal legal aid cases.

travel fees for travel in fixed payments case cost of travel in fixed payments case mileage travel outlays

  • Criminal Guidance
  • Fixed payments allowable in a case

Subsumption of fees and outlays under advice and assistance (and ABWOR)

Learn about fees and outlays incurred under A&A (or ABWOR) being subsumed within any fixed payment ABWOR or criminal legal aid.

subsumption subsuming exception for third party outlays

  • Criminal Guidance
  • Outlays

Outlays included in the fixed payment fee

Find out how photocopying, precognitions and agency by another solicitor are outlays included in the fixed payment accounts in criminal legal aid.

outlays outlays under fixed payments allowable outlays outlays included within fee taking a precognition obtaining a report photocopying

  • Criminal Guidance
  • Outlays

No payment can be made to a witness on the Crown list

Learn why we cannot make payments to a witness on the Crown list in criminal legal aid fixed payment cases.

crown witness payment to a crown witness

  • Criminal Guidance
  • Outlays

Outlays not included in fixed payment

View examples of outlays which are chargeable on top fixed payments.

outlays not included in fixed payment chargeable outlays

  • Criminal Guidance
  • Outlays

General regulations and standard of taxation – outlays

Learn about the how the regulations apply to your outlays and what you must do to comply with them.

standard of taxation what fees are allowed fixed payment feeing

  • Criminal Guidance
  • Outlays

Employment of counsel and expert witnesses

Find out why you need our sanction for counsel and expert witnesses in criminal legal aid cases with fixed payment accounts.

sanction for counsel sanction for expert witness

  • Criminal Guidance
  • Outlays

Sanction for unusual work or unusually large expenditure  

Find out why you need our sanction for unusual work or unusually large expenditure in criminal legal aid cases with fixed payment accounts.

unusual unusual work unusually large expenditure

  • Criminal Guidance
  • Outlays

Certain outlays not chargeable under advice and assistance (and ABWOR)

Find out how the regulations affect whether you can charge for some outlays.

outlays chargeable outlays A&A outlays ABWOR outlays

  • Criminal Guidance
  • Accounts and general issues

Submission of the account

Find out how to submit an account, the time limit for this and the importance ofusing the onine accounts re-write system

submitting an account completing account account synopsis

  • Criminal Guidance
  • Accounts and general issues

Conclusion of proceedings

Find out the relationship between proceedings concluding and accounts being paid.

concluded proceedings conclusion

  • Criminal Guidance
  • Accounts and general issues

Criminal fees regulations and standard of taxation

Find out what is chargeable in a fixed payment account.

detailed standard of taxation taxation of account right to taxation scope of taxation

  • Criminal Guidance
  • Accounts and general issues

Acting for more than one accused person in the proceedings

Learn about how you will be paid when representing more than one accused person under fixed payment accounts.

co-accused payments where multiple accused

  • Criminal Guidance
  • Accounts and general issues

Payment on transfer of agency

Find out the payment arrangements for cases that are transferred under criminal fixed payment accounts.

transfer payment on transfer division of fees on transfer payment of outlays on transfer outlays on transfer

  • Criminal Guidance
  • Accounts and general issues

ABWOR issues in fixed payment accounts

Learn about some of the common difficulties you may encounter when seeking payment for ABWOR in criminal fixed payment accounts.

ABWOR issues Increases under ABWOR multiple ABWOR post-ABWOR checks

  • Criminal Guidance
  • Accounts and general issues

Waiting time 

Learn about how waiting time should be allocated in criminal fixed payment accounts.

waiting time

  • Criminal Guidance
  • Accounts and general issues

Duty solicitor

Learn about the circumstances where a half fee is payable to court duty solicitors.

duty solicitor half fee previous relationship solicitor client relationship

  • Criminal Guidance
  • Appendix 1: Summary of Criminal fixed payment schedules

Summary of Schedule 1 – Part 1

Learn about the fixed payments relating to Schedule 1 of the Criminal Fixed Payment Regulations.

schedule 1 schedule 1 fees Criminal Fixed Payment Regulations

  • Criminal Guidance
  • Appendix 1: Summary of Criminal fixed payment schedules

Summary of Schedule 1 – Part 2 Drug Court

Learn about how Schedule 1 Part 2 prescribes two fixed payments payable for work done in the drug court under summary criminal legal aid.

Schedule 1 Part 2 Drug Court

  • Criminal Guidance
  • Appendix 1: Summary of Criminal fixed payment schedules

Summary of Schedule 1A – Part 1

Learn about the fixed payments relating to Schedule 1A of the Criminal Fixed Payment Regulations.

schedule 1A schedule 1A fees Criminal Fixed Payment Regulations

  • Criminal Guidance
  • Appendix 1: Summary of Criminal fixed payment schedules

Summary of Schedule 1A – Part 2 Drug Court

Learn about the fixed payments for drug courts in Schedule 1A Part 2 of the Criminal Fixed Payment Regulations.

Schedule 1A Part 2 drug court

  • Criminal Guidance
  • Appendix 1: Summary of Criminal fixed payment schedules

Summary of Schedule 1B – Part 1 (JP & Sheriff court)

Learn about the fixed payments relating to ABWOR in Justice of the Peace and Sheriff Courts in Schedule 1B of the Criminal Fixed Payment Regulations.

JP schedule 1B JP schedule 1B fees Justice of the Peace

  • Criminal Guidance
  • Appendix 1: Summary of Criminal fixed payment schedules

Summary of Schedule 1B – Part 2 Drug Court (Sheriff Court)

No provision for drug court in the JP court. Part 2 relates solely to ABWOR fees in the sheriff court.

Schedule 1B Part 2 Drug Court (JP Court)

  • Criminal Guidance
  • 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.

arising from same incident same incident different courts division of charges

  • Criminal Guidance
  • Appendix 2: Proceedings arising out the same incident

New complaint the same as previous complaint

Learn about restrictions around ABWOR for duplicate complaints.

new complaint further ABWOR

  • Criminal Guidance
  • 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.

further charge new complaint road traffic accident

  • Criminal Guidance
  • 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.

  • Criminal Guidance
  • Appendix 2: Proceedings arising out the same incident

Examples of proceedings not arising from the same incident

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

not same incident

  • Criminal Guidance
  • 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.

new complaint further charge

  • Criminal Guidance
  • 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.

bail offences

  • Criminal Guidance
  • Solemn accounts

Solemn Fees chargeable under schedule 1A, Part 2

See also: Video guides to Solemn Fees under Schedule 1A, Part 2

Solemn Fees Schedule 1A Part 2 Solemn fees post 29 April 2023 solemn fees reform criminal solemn fees solicitors solemn fees post 29 April 2023

  • Children's Guidance
  • Advice and Assistance Application Procedures

Advice and assistance declaration form

Find out about the purpose and importance of the Declaration Form for Children’s A&A, and who should sign It (whether child or adult).

Declaration Form mandate quality assurance checking

  • Children's Guidance
  • Advice and Assistance Application Procedures

Time limit for intimation of application to us

Find out when you must submit an online application by after commencing advice and assistance.

Time limit intimation to SLAB special reason advice and assistance intimation

  • Children's Guidance
  • Advice and Assistance Application Procedures

Multiple grants of advice and assistance

Find out how many grants of advice and assistance you should make when dealing with several different matters and what is meant by a ‘distinct matter’.

Regulation 8(2) (b) Advice and Assistance (Scotland) Regulations 1996 multiple grants separate grants distinct matters

  • Children's Guidance
  • Advice and Assistance Application Procedures

Situations where fresh grants of advice and assistance are required for the same client in proceedings under the Children’s Hearings (Scotland) Act 2011

Find out when you need a fresh grant of A&A for your client and how far you can act under one grant throughout the children’s hearing process.

Separate grant ABWOR fresh applications

  • Children's Guidance
  • Advice and Assistance Application Procedures

The limit of authorised advice and assistance expenditure

This page includes information on the limit of authorised expenditure in A&A. It covers what the limit is, how you can apply for an increase, our process for reconsidering a rejected request for an increase, urgent telephone requests for increases and the availability of retrospective increases.

Section 10 limit authorised expenditure urgent work increase reconsideration retrospective authority telephone requests Drummond & Co. -v- Scottish Legal Aid Board 1992 SC(HL)1

  • Children's Guidance
  • Advice and Assistance Application Procedures

Change of nominated solicitor

Find out the criteria for when a nominated solicitor can be changed in a grant of advice and assistance and the procedure for the change being made.

Change of solicitor transfer nominated solicitor procedure for changing solicitor change solicitor transfer client client transfer chnaging solicitor block transfer block move

  • Children's Guidance
  • Advice and Assistance Application Procedures

Second solicitor giving advice and assistance on the same matter

Read about the legislative provisions in relation to a second solicitor giving advice and assistance on the same matter and need for our prior authority.

Regulation 13(2) Advice and Assistance (Scotland) Regulations 1996 second or subsequent solicitor prior authority effective date second solicitor subsequent solicitor duplicate advice same topic

  • Children's Guidance
  • Advice and Assistance Application Procedures

Procedure for withdrawing from giving advice and assistance

Find out the procedure for withdrawing from giving advice and assistance, including the information you must provide to your client and us.

withdrawing from giving advice and assistance Regulation 13 notice to withdraw withdrawing cease to act

  • Children's Guidance
  • Advice and Assistance Application Procedures

Private charging after a grant of advice and assistance

Read about when you are allowed to charge your client privately after a grant of advice and assistance and what you need to check before doing so.

private charging payment private client client consent

  • Children's Guidance
  • Advice and Assistance Application Procedures

Can children’s advice and assistance be given at the same time as children’s legal aid?

Find out the legislative position on whether children’s advice and assistance can be given at the same time as children’s legal aid.

Section 7(2) Legal Aid (Scotland) Act 1986 parallel A&A and legal aid dual grant

  • Children's Guidance
  • Advice and Assistance Application Procedures

Could a client receiving advice and assistance end up paying money recovered or preserved back to the Legal Aid Fund?

Find out about the likelihood and implications of your client being subject to property recovered or preserved (clawback) provisions under Children’s A&A.

Clawback property recovered or preserved property recovered and preserved

  • Children's Guidance
  • Assistance by Way of Representation for children’s proceedings

General scope of ABWOR in proceedings under the 2011 Act and Part 4 of the 2019 Act

Find out the definition of ABWOR and what it covers, including the position on written submissions and taking witness statements or precognitions.

section 6(1) of the Legal Aid (Scotland) Act 1986 Regulation 3A of Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 representation written submissions drafting statements precognitions category code

  • Children's Guidance
  • Assistance by Way of Representation for children’s proceedings

Templated increases in authorised expenditure for certain hearing types where ABWOR has been granted under the 2011 Act

Find out when a templated increase in expenditure is available under ABWOR for 2011 Act cases including what work it covers.

Template templated increase S35 Child Assessment Order application S38 Child Protection Order application second working day hearing s48 CPO application secure hearing custody hearing

  • Children's Guidance
  • Assistance by Way of Representation for children’s proceedings

Availability of ABWOR to the subject child

Read about when you may provide ABWOR directly to a child in various proceedings under the 2011 and 2019 Acts, including what you must satisfy before doing so.

Regulation 3A of Advice and Assistance child assessment order CAO child protection order CPO section 35 of the Children’s Hearings section 38 of the Children’s Hearings Age of child providing instructions Specified hearings Unspecified hearings All other hearing types Second working day hearing 2nd working day hearing Pre-hearing panel Secure hearing Section 48 Variation or termination of CPO Child appearing from a place of safety after the alleged commission of an offence Templated increase place of safety

  • Children's Guidance
  • Assistance by Way of Representation for children’s proceedings

Availability of ABWOR to relevant persons and deemed relevant persons in 2011 Act proceedings

Find out about the availability of ABWOR to relevant persons and deemed relevant persons in various 2011 Act proceedings, and who applies the mean/merits tests.

Regulation 3A(1)(b) of Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 Definition of relevant person Regulation 3A(3) of Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 Solicitor applying means and merits tests child assessment order CAO child protection order CPO section 35 of the Children’s Hearings (Scotland) Act 2011 section 38 of the Childrens Hearings (Scotland) Act 2011 Specified hearings Unspecified hearings All other hearing types Second working day hearing 2nd working day hearing Pre-hearing panel PHP Secure hearing Section 48 Variation or termination of CPO Child appearing from a place of safety after the alleged commission of an offence Templated increase Regulation 13(1) of Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 Prior approval Section 81 of the Children’s Hearings (Scotland) Act 2011 S81 Determination Section 81 Determination S126 hearing Section 126 Hearing DRP Deemed relevant person

  • Children's Guidance
  • Assistance by Way of Representation for children’s proceedings

Availability of ABWOR to a ‘section 126 individual’

Read about the availability of ABWOR to 'S126 individuals', relevant definitions and when prior approval is required in these cases.

Section 126 S126(2)(b) or (3) of the Children’s Hearings (Scotland) Act 2011 Regulation 3A(1)(c) of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 S126 hearing Section 126 hearing S126 individual definition of Section 126 individual Prior approval

  • Children's Guidance
  • Assistance by Way of Representation for children’s proceedings

Availability of ABWOR to a ‘non-deemed relevant person’ under the 2011 Act

Read about the availability of ABWOR to 'non-deemed relevant persons', a definition of this term and what happens when a person is 'undeemed'.

Non-deemed relevant person Non deemed relevant person NDRP Pre-hearing panel Pre Hearing panel PHP Regulation 3A(1)(d) of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 Relevant person status Undeemed

  • Children's Guidance
  • Assistance by Way of Representation for children’s proceedings

Availability of ABWOR to a ‘Participation Individual’ and to a ‘Non Deemed Participation Individual’ under the 2011 Act

Section 25 of the Children (Scotland) Act 2020 introduces rights of participation (‘participation rights’) in children’s hearings for certain individuals

  • Children's Guidance
  • Assistance by Way of Representation for children’s proceedings

The effective participation test

This page provides guidance on the ‘effective participation’ test in ABWOR. It sets out the regulatory factors considered in ‘effective participation’ and how they are assessed. These include the complexity of the case; the nature of the legal issues involved; the ability of the person to consider or challenge documents or information, and to present their views in an effective manner. It also provides information on the availability of ABWOR where the client is not present.

Regulation 13 (3A) of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 Regulation 3A(3) of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 Regulation 14 of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 Merits test for ABWOR Effective participation test Effective Participation test Effective Participation Test factors EPT Regulatory factors for effective participation test Client not present at hearing s73 and s74 of Children’s Hearings (Scotland) Act 2011 Attendance at hearing compulsory Complexity Legal issues Ability of client to challenge document or information Ability of client to present their views in an effective manner

  • Children's Guidance
  • Assistance by Way of Representation for children’s proceedings

When fresh grants or applications for ABWOR are required for 2011 Act proceedings

This page includes information on when you need to apply for a fresh grant of ABWOR, and when you can continue to provide ABWOR for a hearing under an existing grant. It also sets out our position on whether fresh applications are needed for eighth working day hearings; interim compulsory supervision orders; and pre-Hearing panels.

Fresh grants of ABWOR Fresh applications for ABWOR Deferred hearing Deferred hearings Substantive decision Interim compulsory supervision order ICSO Interim variation of a compulsory supervision order IVCSO Eighth working day hearing 8th working day hearing Second working day hearing 2nd working day hearing Remit hearing Pre hearing panel PHP

  • Children's Guidance
  • Assistance by Way of Representation for children’s proceedings

When fresh grants of advice and assistance (not ABWOR) are required in 2011 Act Proceedings

Read our guidance on when fresh grants of advice and assistance (not ABWOR) are required, as well as the appropriate category code.

CHSA fresh grant of advice and assistance category code ABWOR and A&A A&A and ABWOR

  • Children's Guidance
  • Assistance by Way of Representation for children’s proceedings

Examples of when you should make a fresh grant or application for ABWOR or where an increase request is sufficient for the next hearing in 2011 Act proceedings

View hypothetical examples of when you would make a fresh grant or application for ABWOR or where an increase request is sufficient for the next hearing.

fresh grant of ABWOR examples common scenarios FAQ when is an increase required for the next hearing

  • Children's Guidance
  • Availability of Advice and Assistance

What is advice and assistance?

Read a definition of advice and assistance and what it covers, how representation is defined and about A&A in the context of English or foreign law matters.

section 6 of the Legal Aid (Scotland) Act 1986 English law Foreign law children’s ABWOR children’s A&A representation definition

  • Children's Guidance
  • Availability of Advice and Assistance

Who may provide advice and assistance?

Find out who may provide advice and assistance, including the roles of trainees, unqualified staff, safeguarders and curators ad litem.

Regulation 8 (1) definition of solicitor trainees unqualified staff safeguarders curators ad litem Section 6 of the Legal Aid (Scotland) Act 1986 Rule 3.9 of the Act of Sederunt (Child Care and Maintenance Rules) 1997 Children 1st rule 3.9 children grant children first

  • Children's Guidance
  • Availability of Advice and Assistance

Who can receive advice and assistance?

Read about who can receive advice and assistance: what is meant by a ‘person’, and who can apply on a child’s behalf.

definition of person who is a person applications for advice and assistance by safeguarders applications for advice and assistance by curators ad litem applications for advice and assistance by children Regulation 6(2) Advice and Assistance (Scotland) Regulations 1996 safeguarder safeguarder application curator ad litem curator advice curator ad litem advice and assistance

  • Children's Guidance
  • Availability of Advice and Assistance

Does your client have any other rights and facilities?

Read about the availability of advice and assistance for applicants with other rights and facilities, or reasonable expectations of financial (or other) help.

Other rights and facilities legal expenses insurance availability of A&A other rights other facilities other help insurance insurance cover

  • Children's Guidance
  • Availability of Advice and Assistance

What does advice and assistance cover?

Find out at what point you can start giving A&A, what unqualified staff may and may not do, and about charges for completing the application.

Regulation 8 chargeable work payment for completing form unqualified staff ABWOR reg 8

  • Children's Guidance
  • Availability of Advice and Assistance

Questions to ask your client when assessing their eligibility

This page includes a list of example questions you may want to ask clients when assessing their financial eligibility for advice and assistance, and relevant information you should see. It includes questions to ask child applicants; married or cohabiting applicants; and applicants with more than one dwelling house. It also covers the issue of deprivation of resources, and what to do if the client is unable to answer these questions at a first meeting.

Deprivation of resources Regulation 7 of the Advice and Assistance (Scotland) Regulations 1996 spouse married couple civil partnership degree of mutual support cohabitee dwelling house second home couples living separate and apart contrary interest aggregation of resources resource aggregation living apart living seperate living separate couples separted couple separated dwelling house

  • Children's Guidance
  • Availability of Advice and Assistance

Summary of your responsibilities in providing advice and assistance

Read a list of your main responsibilities and decisions you will need to make when providing advice and assistance and assessing client eligibility.

Solicitor’s responsibility in providing advice and assistance client already received advice and assistance from another solicitor satisfying yourself solicitor’s decisions my responsibility solivitor responsibility second grant

  • Children's Guidance
  • Availability of Advice and Assistance

Payment of Safeguarders and Curators Ad Litem in children’s hearings court proceedings

Find out who pays the fees and expenses of safeguarders and curators ad litem in proceedings under the Children’s Hearings (Scotland) Act 2011.

Henderson –v- Henderson 1194 SCLR 553 Nugent –v- Nugent Glasgow Sheriff Court 1998 unreported Safeguarder Curator ad litem section 28B(2) of the Legal Aid (Scotland) Act 1986 safeguarder fees Children 1st Payment of curators ad litem No legal aid for curators’ fees

  • Children's Guidance
  • Availability of Advice and Assistance

Appointment and payment of safeguarders where the safeguarder is a practicing solicitor

Find out about what legal aid is available when a safeguarder has been appointed to a child, including where the safeguarder is a practicing solicitor.

rule 3.9(2) of the Act of Sederunt (Child Care and Maintenance Rules) 1997 Safeguarder cannot act as solicitor for child Children 1st No legal aid for safeguarder’s costs Safeguarder instructing solicitor

  • Children's Guidance
  • Availability of Advice and Assistance

Appointment and payment of curators ad litem who are also practicing solicitors

Find out if and when a court appointed curator ad litem to a child or incapable adult can apply for legal aid for that person.

dual capacity Solicitor acting as curator ad litem Charges for work done as curator Written report Contact visits Curator instructing own solicitor Curator instructing separate solicitor

  • Children's Guidance
  • Availability of Advice and Assistance

Advice and assistance cannot be given by safeguarders and curators ad litem

Find out whether advice and assistance can be given by safeguarders and curators ad litem.

advice and assistance safeguarders curators

  • Children's Guidance
  • Increases in authorised expenditure

When increases in children’s cases are required: different types of children’s hearings and court hearings

This page provides information on when increases in children’s cases are needed. It covers when increases may be needed in: an initial Children’s Hearing; at a criminal advice hearing; at an adoption advice hearing; in relation to Child Protection Orders and related hearings and Part 4 orders under the Age of Criminal Responsibility (Scotland) Act 2019. The sections set out the levels of increase generally available and the circumstances in which they may be needed.

Initial limit increase initial children’s hearing criminal advice hearing adoption advice hearings increases for hearings Child Protection Orders second working day hearing eighth working day hearing expenditure limit Part 4 Orders

  • Children's Guidance
  • Increases in authorised expenditure

Appeals against decisions of children’s hearing

Find out what increase may be available for appeals against decisions of children’s hearing, what it will cover and the relationship to children’s legal aid.

appeal to the sheriff against decision of children’s hearing children’s appeals A&A for appeals children hearing appeal

  • Children's Guidance
  • Increases in authorised expenditure

Appeals to the Sheriff Appeal Court and/or Court of Session

Find out what increase may be available for appeals to Sheriff Appeal Court or Court of Session, what it will cover & the relationship to children’s legal aid.

S163 Appeal Sheriff Appeal Court Court of Session which court do I appeal a decision of the sheriff to A&A for appeals Part 4 Order Appeals to the sheriff appeal court Age of Criminal Responsibility

  • Children's Guidance
  • Increases in authorised expenditure

Increases for employment of counsel

This page provides information on increases for the use of counsel within children’s A&A or ABWOR. It covers the limited scenarios in which the use of counsel under A&A is likely to be permitted (Opinions and consultations); the factors SLAB considers when assessing increase requests for counsel’s Opinion (including for appeals); the use of senior counsel; whether an increase is available for counsel to draft court documents; and the use of counsel in ABWOR cases.

counsel counsel’s opinion consultation counsel’s opinion on prospects of appeal senior counsel Regulation 21 of the Children’s Legal Assistance (Scotland) Regulations 2013 counsel in ABWOR cases

  • Children's Guidance
  • Increases in authorised expenditure

Independent Reports and Assessments for children’s hearings under the 2011 Act

Find out about the availability of increases for independent reports or assessments for a children’s hearing, how we assess theses requests.

Rule 61(1)(b) of the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013 independent parenting capacity assessment report independent social work assessments independent forensic risk assessments independent rehabilitation assessment reports independent contact assessment reports independent psychological assessment reports independent psychiatric assessment reports independent report for children’s hearing NR V Roma Bruce-Davies SCRA 2018 SAC (Civ) 13

  • Children's Guidance
  • Increases in authorised expenditure

Independent experts attending and participating at children’s hearings under the 2011 Act

Find out whether you can get an increase to cover an independent expert to attend and participate at a children’s panel hearing.

NR V Roma Bruce-Davies SCRA 2018 SAC (Civ) 13 independent expert

  • Children's Guidance
  • Increases in authorised expenditure

Increase requests by Curators ad litem

Read about the range of work that can be covered by an increase to a curator ad litem, when acting in their dual capacity as a solicitor.

Curator ad litem dual capacity payment

  • Children's Guidance
  • Increases in authorised expenditure

The availability of increases for attending Social Work case conferences, Child in Care Reviews, adoption matching panels and other such meetings

Find out about increases for attending Social Work Case Conferences, Child in Care Reviews, Adoption matching panels etc, and our assessment of these.

social work meeting case conference child in care review adoption matching panel LAAC reviews

  • Children's Guidance
  • Increases in authorised expenditure

The availability of increases for pre-Hearing visits

Read about our position on increases for attending a pre-hearing visit with your client and its rationale.

Pre hearing visit

  • Children's Guidance
  • Verification of financial eligibility for children’s advice and assistance and ABWOR

The purpose of verification of financial eligibility

Find out about your obligation to obtain adequate verification of your client’s financial eligibility, and your client’s related responsibilities.

Financial eligibility in children’s A&A financial verification documentary evidence verification of income and capital savings is client eligible for advice and assistance disposable income and capital

  • Children's Guidance
  • Verification of financial eligibility for children’s advice and assistance and ABWOR

Capital eligibility: must be checked even if your client is receiving a passported benefit

Read about why you should verify your client’s capital, even if they receive a passported benefit, as well as the types of documentary evidence required.

Eligibility on capital passported benefit documentary evidence bank statement examples of capital verification what does capital consist of what is included as capital

  • Children's Guidance
  • Verification of financial eligibility for children’s advice and assistance and ABWOR

Client’s eligibility on income

This page covers how you should go about verifying that your client is eligible to receive children’s A&A or ABWOR based on the income they receive. It covers the kind of evidence you should see from employed clients; self-employed clients; and clients in receipt of benefits. It also sets out what you should do in cases where your client declared they have no source of income.

Income employment self-employed employed applicants benefits passported benefit verification of income sources of income what if client has no income verification of passported benefits verification required for self-employed applicants clients

  • Children's Guidance
  • Verification of financial eligibility for children’s advice and assistance and ABWOR

Verification in prisoners’ cases

Find out how to verify financial eligibility for A&A when the client is a prisoner in custody, and how aggregation of resources will be treated in these cases.

Prisoner custody spouse or partner on remand when is a client living separate and apart contrary interest spouse partner

  • Children's Guidance
  • Verification of financial eligibility for children’s advice and assistance and ABWOR

What period should documentary evidence cover?

Read about the period of time which documentary evidence on client financial eligibility should relate to and satisfying yourself as to on-going eligibility.

Verification documentation age of documentation period of time for financial verification on income and capital savings verification period capital verification incom verification

  • Children's Guidance
  • Age of Criminal Responsibility (Scotland) Act 2019 Part 4

Proceedings under Part 4 Age of Criminal Responsibility (Scotland) Act 2019

Children’s legal assistance availability for proceedings under Part 4 Age of Criminal Responsibility (Scotland) Act 2019

Part 4 Age of Criminal Responsibility (Scotland) Act ACRA Search Order Interview Order Prints and Sample Order S36 S44 S63 S34 S42 S61 interested person

  • Children's Guidance
  • PVG registration requirements

PVG registration requirement for the children’s duty scheme

Find out about PVG registration as a requirement for being registered on the children’s duty scheme.

PVG duty scheme and PVG PVG registration PVG Act The Protection of Vulnerable Groups (Scotland) Act 2007 Disclosure Scheme record update Protection of Vulnerable Groups Registered body Disclosure Scotland Record basic disclosure standard disclosure enhanced disclosure Section 91 PVG Act S91 PVG Act Scheme Record Update duty solicitor automatic legal aid register for PVG

  • Children's Guidance
  • PVG registration requirements

How to PVG register for the first time

Find out how to become PVG registered for the first time in order to become a duty solicitor to a child.

PVG Registration Protection of Vulnerable Groups (Scotland) Act 2007 PVG Act Basic Disclosure Standard Disclosure Enhanced Disclosure First time Register for PVG Not PVG registered Disclosure Children’s Duty Scheme Duty solicitor requirements Duty solicitor Scheme Record Update Section 91 PVG Scheme record Disclosure Scotland Form Existing PVG Scheme Member Application Identification check for PVG Registration Scottish Courts and Tribunal Service SCTS Identification documents for PVG registration Counter-signing requirements for PVG scheme PVG Scheme Fee for PVG Registration SLAB as a registered body

  • Children's Guidance
  • PVG registration requirements

How to update your current PVG registration

Find out how to update your current PVG registration to include us as an interested party if you are already PVG registered.

PVG Registration Protection of Vulnerable Groups (Scotland) Act 2007 PVG Act Basic Disclosure Standard Disclosure Enhanced Disclosure Current PVG registration Register for PVG Disclosure Children’s Duty Scheme Duty solicitor requirements update PVG Duty solicitor Scheme Record Update Section 91 PVG Scheme record Disclosure Scotland Form Existing PVG Scheme Member Application Identification check for PVG Registration Scottish Courts and Tribunal Service SCTS Identification documents for PVG registration Counter-signing requirements for PVG scheme PVG Scheme Fee for PVG Registration SLAB as a registered body

  • Children's Guidance
  • Duty Scheme and Recommendation Requests

The Children’s Duty Scheme and Automatic Legal Aid

Find out about automatic grants of legal aid to children in certain circumstances, and when a duty solicitor is appointed to a child for 2011 Act proceedings.

duty solicitor children’s duty solicitor duty scheme children’s duty scheme automatic legal aid CPO S38 Application for a CPO S38 Application for a Child Protection Order second working day hearing 2nd working day hearing second working day panel hearing secure hearing secure accommodation hearing secure authorisation hearing custody hearing hearing after alleged offence offence hearing s48 appeal against a Child Protection Order solicitor of choice choose solicitor appeal against a CPO CPO appeal child protection order appeal vary CPO before a sheriff variation CPO before a sheriff terminate CPO termination of CPO 2011 act provisions Duty Solicitor Provisions of the 2011 Act duty solicitor 2011 act provisions of 2011 act provisions of the 2011 act 2011 duty solicitor duty solcitor provision provision of duty solicitor Children’s Hearings (Scotland) Act 2011 2011 Act proceedings

  • Children's Guidance
  • Duty Scheme and Recommendation Requests

Operation of duty scheme under the 2011 Act

How the duty scheme works under the 2011 Act, when you can act as duty solicitor, registration, and criteria for accepting instructions as duty solicitor.

duty scheme children’s duty scheme duty solicitor children’s duty solicitor registration for duty scheme registration for children’s duty scheme appointment as duty solicitor Children’s Legal Assistance Register solicitor of choice S28C of the Legal Aid (Scotland) Act 1986 2011 Act

  • Children's Guidance
  • Duty Scheme and Recommendation Requests

The children’s duty scheme and providing automatic legal aid under the 2011 Act

Find out when you as duty solicitor can grant automatic legal aid (conditions that must be met), what work this will cover and how to submit applications.

duty scheme children’s duty scheme automatic legal aid duty solicitor ABWOR specified hearings Children’s Hearings (Scotland) Act 2011 2011 Act

  • Children's Guidance
  • Duty Scheme and Recommendation Requests

When you cease to be a subject child’s duty solicitor

Find out about how long you act as duty solicitor for (at what point your appointment ends), and whether you can act as duty solicitor at further hearings.

ICSO ABWOR automatic legal aid duty solicitor appointment end

  • Children's Guidance
  • Duty Scheme and Recommendation Requests

Claims for payment for the provision of automatic legal aid by the duty solicitor

Find out the basis of and process for charging of work you have undertaken as duty solicitor.

payment time and line detailed fees detailed fee basis detailed feeing automatic legal aid accounts

  • Children's Guidance
  • Duty Scheme and Recommendation Requests

Recommendation requests under the Children’s Hearings (Scotland) Act 2011 – Rule 50 and 61

Find out about recommendation requests and their relationship to the children’s duty scheme and automatic children’s legal aid in 2011 Act proceedings.

Rule 50(7) Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013 Rule 61(1)(d) and (e) Children’s Hearings (Scotland) Act 2011 ( Rules of Procedure in Children’s Hearings) Rules 2013 ABWOR Advice and assistance recommendation requests 2011 Act proceedings

  • Children's Guidance
  • Legal aid for contempt of court proceedings

Children’s: General scope of legal aid in contempt of court proceedings

Read about the availability of legal aid for contempt of court proceedings and the type of legal aid you should apply for in these proceedings. It also sets out the powers of the court in relation to legal aid for contempt proceedings under Section 30 of the Legal Aid (Scotland Act 1986.

contempt of court legal aid contempt contempt of court legal aid work undercontempt legal aid

  • Children's Guidance
  • Legal aid for contempt of court proceedings

Children’s: Who can provide legal aid for contempt of court? Legal aid registration requirements

Read about the registration requirements for providing legal aid for contempt of court.

contempt in children's proceedings contempt of court solicitor in contempt proceedings

  • Children's Guidance
  • Legal aid for contempt of court proceedings

Children’s: Availability of legal aid for contempt of court proceedings

Learn about the application requirements in relation to legal aid for contempt of court. It covers the requirement to make applications, availability of legal aid for contempt at first instance and appeal stages, what is meant by ‘distinct proceedings’ and provides a definition of legal aid in this context.

court granted contempt legal aid contempt first instance appeal contempt of court representation in contempt representation counsel contempt contempt case

  • Children's Guidance
  • Legal aid for contempt of court proceedings

Children’s: Contempt proceedings at first instance: power of the court to assign you or counsel

Find out about the power of the court to assign you or counsel in contempt proceedings and when and how this may be used.

court granted solicitor court solicitor contempt legal aid contempt of court legal aid solicitor appointed by court

  • Children's Guidance
  • Legal aid for contempt of court proceedings

Children’s: Legal aid in contempt proceedings at first instance: applying to the court and eligibility criteria

Find out about the eligibility criteria the court applies for contempt proceedings at first instance, as well as the form to use in applications.

contempt of court eiligibility eligibility for contempt legal aid court granted legal aid court contempt witness contempt contempt of court by witness CRIM/COURT/APP/CRIM COURT APP criminal court application contempt application form contempt of court application form form for contempt application

  • Children's Guidance
  • Legal aid for contempt of court proceedings

Children’s: Legal aid in contempt appeals: applications to us and tests applied

Find out how to apply for legal aid for an appeal against a contempt of court decision, including the test we apply and special urgency arrangements.

legal aid for contempt of court appeal appealing contempt of court contempt of court legal aid

  • Children's Guidance
  • Legal aid for contempt of court proceedings

Children’s: Contempt of court: refusals of legal aid

Read about arrangements for reviewing our decision to refuse legal aid for contempt of court proceedings and the implications of a successful appeal.

contempt refused refused contempt legal aid contempt of court legal aid appeal contempt of court

  • Children's Guidance
  • Legal aid for contempt of court proceedings

Children’s: Sanction in contempt of court cases

Read about sanction in contempt of court cases, including when you need prior authority, the use of counsel, expert witnesses and unusual work.

contempt of court sanction in contempt cases contempt of court legal aid approval contempt of court expert contempt of court counsel for contempt of court advocate for contempt of court contempt of court proceedings appeal contempt of court appeal against contempt of court expert witness expert witness in contempt proceedings expert witness sanction

  • Children's Guidance
  • Legal aid for contempt of court proceedings

Children’s: Termination of legal aid in contempt cases: application of Regulation 8 and implications

Read about the circumstances in which we may terminate legal aid in contempt cases and the implications of termination for you and your client.

  • Children's Guidance
  • Submission of accounts

Preparation of account expenses

Find out about whether you can charge for preparing, submitting or negotiating a children’s legal aid account.

free accounting charge for preparing account CHSYNSOL

  • Children's Guidance
  • Submission of accounts

Timely submission of account of expenses

Find out what the time limits are for lodging an account of expenses and in what circumstances we may accept a late account.

regulation 8 of the civil fees regulations 1989 Time limit for lodging account 4 months after the date of completion of the proceedings Special reason for late submission Step in proceedings account deadline submission deadline deadline late submission late account

  • Children's Guidance
  • Submission of accounts

Essential information to include in an account

Find out about what essential information should be included in an account of expenses.

Accounts information time-based entries Chronological order Sub-total account requirments

  • Children's Guidance
  • Submission of accounts

Account entries – narrative

Find out how detailed the narrative in your account needs to be in order to explain the entry.

Narrative Detailed account Third party paying account information information in account detailed entry

  • Children's Guidance
  • Submission of accounts

Related or linked accounts

Find out when to submit separate accounts and when to submit only one account where there are conjoined proceedings for multiple children.

multiple grants Multiple children Conjoined proceedings Nil accounts

  • Children's Guidance
  • Submission of accounts

Supporting documentation to submit with an account

Find out what documentation should be lodged when submitting an account for a case including documentation for proofs, appeals and termination/variation of CPO.

supporting documentation Grounds for referral List of witnesses Interlocutors Child/vulnerable witness applications Precognitions Affidavits Inventory of productions Grounds of appeal Court judgement Application to state a case Final stated case

  • Children's Guidance
  • Detailed fees

What supporting information will be needed to justify fees charged

Find out what sort of information and documentation will be needed to justify work undertaken when an account is being assessed

Taxation file notes correspondence documentation copy of copies of evidence account evidence payment evidence

  • Children's Guidance
  • Detailed fees

Detailed fees for automatic children’s legal aid

Find out what regulations govern the fees charged for automatic children’s legal aid accounts.

Schedule 3 of the Advice and Assistance (Scotland) Regulations 1996 Detailed fees for automatic legal aid

  • Children's Guidance
  • Detailed fees

Sheriff Court (excluding automatic legal aid and ABWOR)

Find out what regulations govern the fees charged for children’s legal aid accounts for proceedings in the sheriff court excluding automatic legal aid and ABWOR

table of fees for children’s sheriff court accounts Schedule 5 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989 sheriff court fees

  • Children's Guidance
  • Detailed fees

Court of Session

Find out what regulations govern the fees charged for Children’s legal aid accounts for proceedings in the Court of Session.

table of fees for children’s Court of Session accounts Schedule 5 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989 Court of Session

  • Children's Guidance
  • Detailed fees

Uplift in Fees not available

Find out whether you can apply for an uplift in fees under a grant of children’s legal aid.

uplift in fees fee increase fee uplift increase in fees more money

  • Children's Guidance
  • Detailed fees

Commencement of chargeable work

Find out when you can start charging for work under a grant of legal aid.

Commencement of chargeable work regulation 18 of the Children’s Legal Assistance (Scotland) Regulations 2013 Effective date Special urgency charging for work start charging

  • Children's Guidance
  • Detailed fees

Charges for attending court

Find out how to charge for time at court including conjoined time, advocacy and non-advocacy time and waiting time.

attending court Advocacy rate Minimum advocacy fee Conjoined time Gaps in time at court Lunch break Waiting time Conjoining non-advocacy and travel time travel time travelling to court waiting fo client travelling to client

  • Children's Guidance
  • Detailed fees

Charging for meetings and consultations

Find out about what can be charged for in meetings with clients, including file notes, precognitions, locus visits and consultations with Edinburgh agents.

Meetings Material advice Narrative Precognition after meeting Consultations Edinburgh agent File notes Locus visits consultation with Edinburgh agents visit to locus

  • Children's Guidance
  • Detailed fees

Perusal charges

Find out what charges can be made for perusing documents and other material including letters, photographs and DVDs.

Perusal Perusing documentation Sheet Inventory of productions Automatic legal aid ABWOR Edinburgh agent Legal aid certificate Photograph Image DVD Sheetage ICSO Interim compulsory supervision order

  • Children's Guidance
  • Detailed fees

Charges for preparation and research

Find out what charges can be made for preparation work, including for researching the law.

Preparation Research Legal research Written submissions Detailed narrative

  • Children's Guidance
  • Detailed fees

Charges for telephone calls

Find out what charges can be made for telephone calls

telephone calls Duration Unanswered calls

  • Children's Guidance
  • Detailed fees

Charges for affidavits and precognitions

Find out what charges can be made for taking and framing affidavits and precognitions and who can carry out such work.

Affidavits Precognitions Framing charge Sheet Disclosure of evidence Formal witnesses Joint precognitions Corroborative precognitions Police witnesses Telephone precognitions Attendances Multiple attendances

  • Children's Guidance
  • Detailed fees

Charges for framing documents

Find out what can be charged for framing papers, including formal and non-formal documents, written submissions and account synopsis.

framing charge Formal document Non-formal document Written submissions Sheet Account synopsis

  • Children's Guidance
  • Detailed fees

Charges for citations, letters and electronic communication

Find out what charges can be made for framing citations and different kinds of letters.

Citations Letters Sheriff officers Messengers at arms Formal letter Non-formal letter Lengthy letter Confirmatory letter Word count Page Chargeable pages Email Acknowledgement letter Terms of engagement letter text fax email email fee fee for email

  • Children's Guidance
  • Detailed fees

Charges for miscellaneous work

Find out what charges can be made for items of formal work including lodging documents, photocopying, administrative charges and contact-related work.

Formal work Lodging document Fee exemption form Intimation Signing Photocopying SLAB copying service Unqualified staff Administrative work Contact issues Report by Curator ad litem Nugent –v- Nugent Glasgow Sheriff Court 1998 unreported Henderson –v- Henderson 1994 SCLR 533 copying service sending documents

  • Children's Guidance
  • Travel

Fees chargeable for travel

Find out what fees for travel will be covered by children’s legal aid and how to apportion travel costs between multiple clients.

travel travel costs fees for travel actually necessarily and reasonably done meeting client consecutive days’ travel travel to local court travel from home place of business place of employment apportionment two clients splitting travel time

  • Children's Guidance
  • Children (Scotland) Act 1995

Applications for children’s legal aid for an application to the sheriff for a review of a finding under section 85 of the Children (Scotland) Act 1995 and onward appeals to the SAC and COS

Learn how to apply for legal aid for a sheriff to review a finding under section 85 of the Children (Scotland) Act 1995 and any onward appeals.

review a finding section 85 of the Children (Scotland) Act 1995 section 85 Children (Scotland) Act 1995 review a finding section 85 of the Children (Scotland) Act 1995

  • Children's Guidance
  • Practice notes

Practice Note No 2, 2018: Children’s referrals

View the Practice Note from the Sheriffdom of Lothian and Borders on referrals under the Children's Hearings 2011 Act.

Practice Note No 2 2018 Sheriffdom of Lothian and Borders children's referrals referrals children's hearings referral children's hearings referrals

  • Children's Guidance
  • Practice notes

Practice Note No. 1, 2018: Children’s Referrals Under The Children’s Hearings (Scotland) Act 2011

View the Practice Note from the Sheriffdom of Glasgow & Strathkelvin on referrals under the Children's Hearings 2011 Act.

PRACTICE NOTE NO. 1 2018 children's referrals referrals children's hearings referrals

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