Change of solicitors between the court appearances

There is a change of solicitor between the court appearances, and no initial grant of ABWOR was made.

The first solicitor provided representation at the custody appearance, but did not admit the client to ABWOR.  The client is now instructing a different solicitor for the next appearance.

There is no existing grant of ABWOR that can be transferred to the second solicitor.

Questions: Can the second solicitor provide ABWOR? If the client was remanded would it be appointed solicitor ABWOR, and if they were released on bail, would it be Interests of Justice ABWOR?

Answers: 

  • Remand: No, appointed solicitor ABWOR cannot be granted.
  • Bail:
    • Plea of guilty at first appearance: Yes, ABWOR can be provided under Regulation 6 (interests of Justice)
    • CWP at first appearance: Yes, ABWOR can be provided under Regulation 6 (interests of Justice).

Relevant legal aid guidance: Criteria and conditions to act as appointed solicitor