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.