Increase requests for Scottish Criminal Cases Review Commission cases

When assessing an increase request we will consider whether:

  • The work proposed is reasonable and necessary to progress the application to the Commission
  • It is being carried out in the most economic and cost effective manner

The Commission will investigate the relevant issues raised in the application. We must be satisfied that an application to the Commission is a reasonable use of public funds.

We expect you to:

  • Confirm that the usual appeal process has been exhausted
  • Confirm the reason for applying to the Commission at this stage
  • Identify the main issues to be considered by the Commission
  • Address how the work proposed will be beneficial
  • Demonstrate that there is no other funding available to complete the work
  • Provide details addressing why the Commission will not fund the work

If the Commission makes a reference to the High Court then an application should be made for legal aid for the court proceedings.

If not, then an increase may be made available to enable your client to make further representations to the Commission.

When applying for an increase for this purpose we expect you to:

  • Provide a copy of the Commission’s decision to refuse to make a reference to the High Court
  • Identify issues that your client wishes to examine
  • Identify further information your client needs to obtain in order to seek to persuade the Commission on the merits of the case
  • Provide details regarding the work proposed
Petition for the removal of a disqualification under section 42 of the Road Traffic Offenders Act 1988
Advice to or on behalf of children

In this section

Advice and assistance application procedures

Notification of a grant of A&A, provision of ABWOR and your client’s declaration

View guidance on notification of admitting a client to A&A, provision of ABWOR and the need for a signed client’s declaration.

Advice and assistance application procedures

Assessment of financial eligibility for criminal advice and assistance, financial limits in Keycard and contribution

Find out information about the need to assess financial eligibility by reference to Keycard.

Advice and assistance application procedures

Determination of disposable capital and disposable income

Read more about how to determine disposable income and disposable capital.

Advice and assistance application procedures

Financial assessment and verification of capital – to be checked even in passport benefit cases

Learn what capital includes, why you should establish your client’s capital and how this can be documented.

Advice and assistance application procedures

Financial assessment and verification of income

Find out the best ways to verify employed and self-employed clients, people on benefits or with no income.

Advice and assistance application procedures

Verification of financial eligibility in criminal A&A

Read guidance on the need for documentary verification of financial circumstances and general requirements for verifying financial eligibility.

Advice and assistance application procedures

Verification: application of the tests of “necessary” and “practicable”

Learn about the circumstances where it is necessary and practicable to obtain supporting documentary evidence of your client’s financial circumstances.

Advice and assistance application procedures

Advice on obtaining and retaining documentary evidence and the age of documentary evidence

Read more information and advice on obtaining and retaining documentary evidence of your client’s financial circumstances.

Advice and assistance application procedures

Cases where documentary evidence not available immediately

Find out about circumstances where documentary evidence to verify client’s finances is not immediately available, how to obtain this and the end of this process

Advice and assistance application procedures

Verification where your client is in custody or in prison

View guidance about how to obtain verification when your client is in custody.

Advice and assistance application procedures

Multiple grants of advice and assistance

Learn about when you should make more than one grant of A&A when your client is consulting you on different matters.

Advice and assistance application procedures

Advice and Assistance for early resolution of cases

Guidance on regulations amending legal aid fee arrangements to allow the inclusive sheriff court summary fixed fee of £550.76 to be paid at an earlier stage

Advice and assistance application procedures

The need to work within initial limit of authorised expenditure and increases in authorised expenditure

Read about the procedure for applying for an increase in expenditure, information required, urgent requests and asking for reconsideration.

Advice and assistance application procedures

Increases for the employment of counsel, expert witnesses and other third parties

View guidance on the process and what information is needed when applying for an increase to employ counsel or an expert/professional witness.

Advice and assistance application procedures

Increases in post-conviction ABWOR breaches and reviews, multiple deferred sentences and templates

Learn how to an increase in authorised expenditure for ABWOR cases for post-conviction breaches & reviews, multiple deferred sentences and template increases.

Advice and assistance application procedures

Petition for the removal of a disqualification under section 42 of the Road Traffic Offenders Act 1988

Learn about what information we need in considering prior authority for cases for removal of disqualification under ABWOR.

Advice and assistance application procedures

Advice to or on behalf of children

Learn about the requirements when granting advice and assistance to a child.

Advice and assistance application procedures

Changes of nominated solicitor under advice and assistance

Find out about the limited circumstances where we will consider allowing a change in a solicitor and how to do this.

Advice and assistance application procedures

Second solicitor giving advice and assistance on the same matter: prior authority required

Find out what you need to do if your client is seeking A&A when they have already received advice from another solicitor.

Advice and assistance application procedures

Procedure for withdrawing from giving advice and assistance/private charging after a grant of advice and assistance

Find out what you need to do if you decide to stop providing advice and assistance to your client.