Post-conviction proceedings include:
You need our approval before undertaking work in relation to such proceedings beyond the initial limit of authorised expenditure of £215.
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:
Any exceptional circumstances should be included in your increase request.
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 £825 over the existing limit to cover six further appearances for post-conviction hearings.
The standard template increase of £250 covers three deferred sentence hearings at the standard fixed payments rates for appearances in the sheriff court and £165 to cover three deferred sentences in the JP court.
This template can also be used to ensure you have prior approval of the increased expenditure to cover all the fees in the case, including the Criminal Justice Social Work (CJSW) fee.
We will grant an increase in authorised expenditure of an additional £1,650 to cover 12 further appearances for a DTTO, chargeable on a detailed basis.
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 £250 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.
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 £250 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 appropriate fixed fee with an additional balance to cover any necessary outlays.