When your client is a child, (person under the age of 16 years), the application may be made on their behalf by:

  • Any person having parental responsibilities in relation to the child [section 1(3) of the Children (Scotland) Act 1995]
  • Any person in whose care they are in
  • A person acting for the purpose of any proceedings as their curator

If you are consulted on a criminal matter relating to a child, you should form a view as to the child’s general understanding of what it means to instruct you on a criminal matter.

You may consider that:

  • A child under 12 wishing to instruct you has such a general understanding, and feel able to accept instructions from them
  • A child of 12 or more does not have a general understanding of what it means to instruct you

If the latter is true, you should look to a parent or guardian or other responsible person for instructions.

A&A grant made to child aged 12 or more

If you grant A&A on behalf of a child aged 12 or more, we are entitled to assume that you have satisfied yourself that the child has a general understanding of what it means to instruct you.  We will register the grant in the name of the child.

A&A grant made to child under 12

If you send us an application signed by a child aged under 12, you should confirm in writing that you are satisfied that they have a general understanding of what it means to instruct you. Where we are satisfied with the explanation, we will accept the grant in the name of the child. We still may revert to you in the circumstances of an individual case, for example where the child is extremely young.

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