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:

  • Seizure
  • Forfeiture
  • Administration
  • 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.

You can:

  • 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.

 

Proceeds of crime work where legal aid granted at first instance

In this section

Proceeds of crime

Proceeds of crime work where legal aid granted at first instance

Learn about the different legal aid situations that arise when proceed of crime proceedings take place during or after sentencing.

Proceeds of crime

Proceeds of crime work where no legal aid in the first instance

Find out when you need to submit a new application and sanction requests during proceed of crime proceedings if criminal legal aid was not previously granted.