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.