https://www.slab.org.uk/guidance/cases-where-documentary-evidence-not-available-immediately/
https://www.slab.org.uk/guidance/cases-where-documentary-evidence-not-available-immediately/
If your client is in police custody, advice and assistance is automatically available and not subject to a financial eligibility test [section 8A of the Legal Aid (Scotland) Act 1986].
Additionally, there is no liability for your client in police custody to pay a contribution [section 11 of the 1986 Act].
In situations where it is appropriate to act for clients without seeing verification, your client must be advised of the need to provide verification as soon as possible. The client must sign a mandate before being admitted to advice and assistance or ABWOR and be advised that you may make enquiries to any relevant third party to obtain evidence of income.
This mandate (distinct from the client’s declaration which allows us to access such information) should be in the following terms:
I agree to my solicitor contacting other people or bodies about my financial circumstances to verify my eligibility for legal assistance. If I do not provide evidence of my income or capital when requested by my solicitor after being admitted to legal assistance, or if my solicitor requires further verification, I understand that my solicitor will contact my employer, my bank, the DWP, HMRC or any other relevant 3rd party as appropriate, to obtain evidence of income and or capital, as appropriate. I authorise these other people or bodies to provide the information that my solicitor needs to verify my eligibility for legal assistance.
Signed………………………………………………………………………………
Date……………………………
Advice and assistance application procedures
Learn how to an increase in authorised expenditure for ABWOR cases for post-conviction breaches & reviews, multiple deferred sentences and template increases.