https://www.slab.org.uk/faqs/signatures-in-custody-cases-from-14-december-2023/
https://www.slab.org.uk/faqs/signatures-in-custody-cases-from-14-december-2023/
We are aware that it can sometimes be difficult to get signatures from custody clients on the legal aid declaration forms.
This is not new and was happening in a number of areas before Covid, where you could not pass pens to a client under the screens in the court interview rooms.
In these situations we would ask you to try to get the signature after the initial consultation (on the same day) where this is practical and possible.
We do not insist this is done in the dock of the court, or through a GEOAmey officer, if this delays the proceedings, but if another opportunity arises on the day where you and the client see each other and it is possible to get a signature, then it should be done then.
If this is not possible, then it is acceptable for the declaration form to be unsigned.
In these situations, once you have confirmed that the client accepts the terms of the declaration, you can submit the application without the wet signature on the declaration form.
For A&A/ABWOR cases, you can use the category:
“Client unable to sign, and agrees with the declaration terms.”
For all other legal aid applications, enter the date the client was seen in the field asking for the date the form was signed, and then add a brief explanation about the circumstances, and confirm that the client agrees with the terms of the declaration. This can be done elsewhere in the application, for example in the “additional financial information box”.