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

To be eligible for ABWOR, your client must be eligible for advice and assistance.

You must be satisfied:

  • On Financial eligibility for advice and assistance, unless the financial eligibility test has been disapplied (“free ABWOR”)
  • That your client holds no rights or facilities which make it unnecessary for them to receive advice and assistance
  • There is no reasonable expectation of getting financial or other help from another body
  • That your client has not already received advice and assistance or ABWOR from a solicitor on this matter

There is no “interests of justice” test to apply in connection with providing ABWOR in criminal proceedings other than summary criminal proceedings.

You need to apply a financial eligibility test in connection with all criminal proceedings except what are referred to as “prescribed proceedings” in regulation 9 of The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003.

Eligibility for criminal ABWOR

In determining whether criminal ABWOR is available, you need to decide whether:

  • The proceedings are within the scope of ABWOR.
  • The criteria for giving ABWOR are satisfied in the particular case.
  • You need our prior authority before granting ABWOR.

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