General ABWOR proceedings for which a financial test is not necessary
You can provide criminal ABWOR for:
An application for a warrant of further detention, or for an extension of such a warrant, made to the sheriff under paragraph 29 or 36 of Schedule 8 to the Terrorism Act 2000. From 17 February 2021, these cases (category TERF) are charged under Schedule 3, Part V of the Advice and Assistance (Scotland) Regulations 1996. These are block fee tables payable at the same levels as are prescribed in respect of the Criminal Justice (Scotland) Act ABWOR cases. Further guidance is available in our update.
Proceedings before a hearing established under paragraph 12 or paragraph 59 of the schedule to the Convention Rights (Compliance) (Scotland) Act 2001
Proceedings before a hearing established under section 10(2F) of the Prisoners and Criminal Proceedings (Scotland) Act 1993
Proceedings under section 5 of the Protection from Abuse (Scotland) Act 2001
Obstructive witness order proceedings under sections 90B to 90E of the Criminal Procedure (Scotland) Act 1995 (obstructive witness order)
Applications under sections 2(2), 3(3)(b), 4(3)(b), 11(3) and 12(3) of the Double Jeopardy (Scotland) Act 2011
Recovery proceedings (opposition to an application for commission and diligence regarding sensitive records in criminal proceedings)
You do not need to apply an interests of justice test.
The provision of ABWOR for recovery proceedings is subject to our prior approval.
Protection from abuse proceedings
Only if you are the duty solicitor or appointed by us can you provide ABWOR in protection from abuse proceedings [Section 31(1) of the Act].
However, this representation is not in the context of summary criminal proceedings [regulations 6(1) and 6A of The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003]. Fees shall be calculated by reference to Schedule 3, Part 1 of the Tables of Fees.