The basics of making ABWOR available in summary criminal proceedings

Financial test

To be eligible for ABWOR in summary proceedings, the client must be financially eligible for advice and assistance.

You must be satisfied that:

• the client is financially eligible
• the client has no other rights and facilities available
• the client has not already received advice and assistance or ABWOR from a solicitor on this matter.

Other tests

Additionally, in JP Court cases only, you must apply an interests of justice test where the case is marked as a cited or undertaking case, or meet the appointed solicitor criteria if the case is marked as a custody case.

Summary criminal ABWOR is only available in the circumstances laid down [regulations 6(1), and 6A]. The duty solicitor regulations [regulation7] prescribe the circumstances in which you may act as an appointed solicitor.

You can read more about how to apply these tests in the following guidance pages.

You should use Legal Aid Online to notify us that a grant of ABWOR has been made or, following an initial grant of advice and assistance, you are now providing ABWOR in sheriff court or JP court proceedings.

You should submit the standard notification of the grant of advice and assistance through legal aid online, making sure you complete the section on ABWOR.

If you do not submit a notification within 14 days of having begun to give advice and assistance [regulation 11], we can only accept late notification if we consider there is a ‘special reason’ to do so. Late notification of the provision of advice and assistance could result in our being unable to pay your account.

Taking into account the level of the fixed payments for summary criminal ABWOR and the potential for “add-on” payments, the initial limits of authorised expenditure for a summary criminal case under ABWOR are as follows:

• ABWOR for a JP court case on a fixed payment basis, £500.
• ABWOR for a sheriff court case on a fixed payment basis, £750.

These limits cover the standard ABWOR block fees, and the additional fees for any diet where a Criminal Justice Social Work report (CJSW) is being considered, the holiday court supplement when it applies, with the balance for any outlays.

You should use Legal Aid Online to ask for an increase in authorised expenditure.

Although you are entitled to payment under the fixed payments regulations, you should remember that ABWOR remains a form of advice and assistance and you must always ensure that you are acting within a sufficient level of authorised expenditure.

There is very little available excess over and above the principal fixed payments and if you need to carry out further work, for example deferred sentences that would take you beyond the initial limit, or you are likely to incur any outlay, you must apply to us for an increase in authorised expenditure to ensure that you have sufficient cover for additional costs.

Templates are available in certain circumstances.  These allow you to apply for one increase to cover the costs of deferred sentences and post-conviction hearings.

If you are required to withdraw from acting for the client where you are providing ABWOR, you can notify us using a Legal Aid Online notification.

Unlike advice and assistance, a grant of summary criminal ABWOR can be transferred to another solicitor [regulation 14A of The Advice and Assistance (Scotland) Regulations 1996].