Criminal and civil legal aid in proceeds of crime cases
Work undertaken in relation to Proceeds of Crime may involve either criminal or civil legal assistance.
Proceedings brought against an individual are civil in nature where they concern:
Recovery of assets
Freeing from restraint order
Proceedings in Court of Session or Sheriff Court
The proceedings above take place in either the Court of Session or the Sheriff Court.
Grant civil advice and assistance for initial advice
Submit an application for civil legal aid where representation in any court proceedings is necessary
Criminal proceedings in the High Court or the Sheriff Court
Where confiscation proceedings are being brought against the client and they are convicted, further work in relation to the confiscation proceedings can be done under any existing grant of criminal legal aid. The confiscation is treated as part of the sentencing process.
Where solemn and summary criminal legal aid was in place for the trial, the same grant of legal aid remains in force. In summary cases, where the grant of legal aid is subject to fixed fees an application for exceptional status can be submitted to allow the payment regime to change to time and line.