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

Post-conviction proceedings include:

  • Breach of probation
  • Periodic review, variation, revocation, discharge and breach of community payback orders
  • DTTOs and ROLOs

You need our approval before undertaking work in relation to such proceedings beyond the initial limit of authorised expenditure of £90.

Post-conviction ABWOR is not “relevant ABWOR”, subject to fixed payments, and is chargeable on a detailed basis.

In considering an increase to cover any additional hearing:

  • We will allow a maximum increase up to £100 for each hearing if the case is being heard in the lower courts
  • We may allow more if the matter is being heard in the High Court
  • Where a breach is denied and a date set for a proof, we will allow a maximum increase of £350 to £400

Any exceptional circumstances should be included in your increase request.

Template increases

For certain types of ABWOR case, you can apply for a “template” increase to cover the costs of deferred sentences and post-conviction hearings.  Templates make it simpler for you to apply for an increase for a number of deferred sentence hearings at the same time.

You can ask for a single, substantial increase in authorised expenditure to allow you to undertake all the work necessary.

We will grant an increase in authorised expenditure of an additional £300 over the existing limit to cover three further appearances for post-conviction hearings.

The standard template increase of £175 covers three deferred sentence hearings at the standard fixed payments rates for appearances in the sheriff court and £100 to cover three deferred sentences in the JP court.

Drug treatment and testing order hearings (DTTOs)

We will grant an increase in authorised expenditure of an additional £1,200 to cover 12 further appearances for a DTTO, chargeable on a detailed basis.

Glasgow drug court and DTTO hearings in Glasgow

All work under ABWOR in connection with the Glasgow drug court, being the only court designated as such by the Sheriff Principal, is chargeable by way of fixed payments. We will grant a template increase in authorised expenditure of an additional £175 to cover three additional appearances.

Any DTTO hearing before a sheriff in Glasgow, not sitting as the drug court, is chargeable on a detailed basis under post conviction ABWOR.

Multiple deferred sentences

Sheriff court - third or subsequent deferred sentences for this case

A first and second deferred sentence is included within the case disposal fee under ABWOR in the sheriff court.

We will grant an increase in authorised expenditure of an additional £175 over the existing limit to cover three further appearances at the third or subsequent deferred sentence hearings in the sheriff court.

This allows for three appearances at the fixed fee of £50 per case with an additional £25 to cover any necessary outlays.

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