You must ensure that you send us an online application within 14 days of the commencement of advice and assistance.
You can submit an online criminal advice and assistance notification. Use it for:
You can notify us that you are providing ABWOR. Use it for telling us that you have granted ABWOR for:
You can notify us that you are providing advice and assistance or ABWOR under the Criminal Justice (Scotland) Act 2016. Use it where the advice and assistance is for:
You may also use this where:
You can also submit an online application to ask for our approval to provide ABWOR for:
Recovery proceedings (specification of documents procedure)
If you admit your client to criminal advice and assistance, you must send the online application within 14 days of commencing A&A. If you have to apply to us for approval to make ABWOR available, ABWOR only begins on the date on which we grant your request.
It is important that you refer to the category codes card when providing advice and assistance.
You must submit your application within 14 days of commencing advice and assistance. If you do not submit the application on time, it may be rejected. We can only accept late applications if we consider there is a special reason to do so [Regulation 11 of The Advice and Assistance (Scotland) Regulations 1996].
For every online advice and assistance application, you must obtain a declaration signed by your client, to be retained by you in your office.
You can do this by either printing the completed online application or the client declaration [AA/LAO/CRIM].
You do not have to send us a copy, but as part of our audit and quality checks we may seek verification that this has been signed. If necessary, you may initially complete the application in the absence of your client where it is not immediately practicable to do so. It is your responsibility to ensure that your client signs and dates the declaration.
Your client must:
Your client’s signature should not be altered or written over an erasure. Any amendment should be initialled by your client.
The date of the declaration is linked to the seven day period in which disposable income is calculated. Altering the date of the declaration changes that period and means the client could unwittingly run the risk of making a false disclosure if their financial circumstances have changed.
Any failure to follow these procedures may amount to a breach of our Code of Practice in relation to criminal legal assistance.
When you see clients face to face they must sign the declaration. If the client is present and cannot sign then you need to provide an explanation when you submit your application via Legal Aid Online.
If you are not meeting your client in person then you must explain the terms of the declaration to them and obtain their verbal consent to its terms. You may then select the ‘client not present and agrees with the declaration terms’ option within Legal Aid Online.
Advice and assistance application procedures
Learn how to an increase in authorised expenditure for ABWOR cases for post-conviction breaches & reviews, multiple deferred sentences and template increases.