Subject to your being satisfied on financial eligibility, you can provide criminal ABWOR in relation to:

  • A probation progress review, or, as the case may be, failure to comply with the requirements of a probation order
  • The conviction of a probationer by a court in Great Britain of an offence committed during his or her probation period
  • Failure to comply with the requirements of a community service order
  • Amendment or revocation of a community service order
  • Failure to comply with the requirements of a supervised attendance order
  • Amendment or revocation of a supervised attendance order
  • Under section 227X (periodic review of community payback orders)
    Under section 227Y (applications to vary, revoke and discharge community payback orders)
    Under section 227ZC (breach of community payback order)
  • Revocation or variation of a non-harassment order
  • Variation, revocation, review or failure to comply for a drug treatment and testing order
  • Variation, evocation or failure to comply with a restriction of liberty order
  • Under section 90B, 90C, 90D or 90E in relation to orders made in respect of witnesses apprehended under Section 90A, breach of bail, the review or orders made, or, as the case may be, appeals in respect of orders made

You do not need to apply an interests of justice test.

Post-conviction ABWOR is available in connection with any of the above proceedings, in the context of the sentencing procedure in solemn proceedings in the sheriff court and the High Court.

ABWOR is not available for a means enquiry hearing [regulation 4 of The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003].

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