Double jeopardy cases

ABWOR can be made available under the Double Jeopardy (Scotland) Act 2011 where:

  • An application has been made to bring a new prosecution where your client has been acquitted of an offence [sections 2(2), 3(3)(b) or 4(3)(b) of the Act]
  • An application has been made where your client has been acquitted of an offence involving the physical injury of another person and the injured person has since died [under section 11(3) of the Act]
  • An application has been made to bring a new prosecution on the basis that the previous proceedings were a nullity [under section 12(3) of that Act]

In each of these situations, ABWOR will only cover initial proceedings to determine whether a new prosecution can take place. The initial limit of £115 applies but an increase in authorised expenditure can also be applied for to cover the work required, including any counsel’s fees for these High Court cases.

No financial eligibility or interests of justice tests need to be applied before you can provide ABWOR for these cases. The category code DJEP should be used.

Should the case proceed to a new prosecution, a new application for legal aid is required.

Proceedings under the Criminal Procedure (Scotland) Act 1995
General ABWOR proceedings for which a financial test is not necessary

In this section

Assistance by way of representation in other criminal proceedings

General scope of ABWOR in non-summary criminal proceedings

Read about the definition of criminal ABWOR in non-summary proceedings.

Assistance by way of representation in other criminal proceedings

Eligibility criteria for general ABWOR (other than ABWOR in summary criminal proceedings)

Find out who can be eligible for Criminal ABWOR.

Assistance by way of representation in other criminal proceedings

The provision of general criminal ABWOR

Find out about the initial limits, applying for an increase in expenditure limits and change of solicitor when you have made ABWOR available to your client.

Assistance by way of representation in other criminal proceedings

General ABWOR proceedings for which a financial test is necessary

View information on listed proceedings where a financial test is necessary (other than summary criminal proceedings).

Assistance by way of representation in other criminal proceedings

Proceedings under the Criminal Procedure (Scotland) Act 1995

View a list of criminal proceedings for which ABWOR is available.

Assistance by way of representation in other criminal proceedings

General ABWOR proceedings for which a financial test is not necessary

Read information about listed proceedings where a financial test is not necessary.

Assistance by way of representation in other criminal proceedings

ABWOR proceedings needing our prior authority

View guidance on certain types of ABWOR that require our approval before it can be provided to your client.

Assistance by way of representation in other criminal proceedings

Recovery proceedings under ABWOR needing our prior authority

Find out about providing ABWOR when opposing a motion for specification of sensitive documents in the course of criminal proceedings.