ABWOR proceedings needing our prior authority

You cannot provide ABWOR in connection with the following until you have obtained our prior approval using legal aid online:

• Removal of disqualification from driving
• Proceeds of crime proceedings
• Proceedings arising from police custody
• Recovery proceedings

You should be satisfied that your client has not already been in receipt of advice and assistance on the matter from another solicitor.

Before we can authorise the provision of ABWOR, we must be satisfied that it is reasonable your client should have this disqualification removed. We will consider:

• If there would be a loss of a credible employment opportunity for which a driving licence is required
• If there has been an absence of suitable alternative transport such as public transport
• If your client is still likely to pose a danger to the public

ABWOR may be made available where there is a person in connection with your client who is affected by a confiscation order, but who is not the accused [Regulation 5 of The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003]. We can consider an application for legal aid for these proceedings even where there was no legal aid for the substantive proceedings.

You should be satisfied that the proceedings are in a criminal court or in the sheriff court where the sheriff is exercising criminal jurisdiction.

If the proceedings in which you are involved are under sections 119 to 140, these are not criminal, but civil proceedings. You need to apply for civil legal aid for any proceedings before the civil courts.

ABWOR may be available for certain proceedings arising from police custody arrangements which, exceptionally, may involve representation before the court prior to the service of a complaint. These are:

• Application for review of conditions of investigative liberation [Section 19 of the Criminal Justice (Scotland) Act 2016]
• Application for review of undertaking conditions [Section 30]
• Application for authorisation for questioning by a prosecutor [Section 36(1)(a)]

ABWOR is available for representation subject to our prior approval on the application of an interests of justice test [regulation 13(3C) of The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003].

Fees shall be calculated by reference to Schedule 3, Part III of the regulations.