Applicants not represented at the first custody appearance - guilty plea tendered and applicant remanded in custody

The applicant was not represented at first custody appearance, and is seeking ABWOR for the deferred sentence.

This could be because they did not qualify for ABWOR under financial grounds but became eligible at the time of the deferred sentence.

Question: If they have been remanded in custody, can Appointed Solicitor ABWOR be provided for the subsequent appearance, assuming there is a prior solicitor/client relationship?

Answer: No.  Appointed solicitor ABWOR can only be granted where a solicitor represents a client appearing from custody and thereafter until final disposal.

The important words are “and thereafter”.  The coverage for the deferred sentence is available only as a consequence of the earlier work at the pleading diet.

The usual criteria still needs to be met – solicitor taking instructions, prior relationship with the solicitor or the firm, with the court appearance done by the solicitor or delegated to another solicitor or the duty solicitor.

Relevant legal aid guidance: ABWOR in summary cases – assisted person in custody – “appointed solicitor”