https://www.slab.org.uk/guidance/proceeds-of-crime-cases/
https://www.slab.org.uk/guidance/proceeds-of-crime-cases/
Work undertaken in relation to Proceeds of Crime may involve either criminal or civil legal assistance.
Proceedings brought against an individual are civil in nature where they concern:
These proceedings take place in either the Court of Session or the Sheriff Court. Initially, you can grant civil advice and assistance and your client may wish to apply for civil legal aid for any court proceedings.
Confiscation Proceedings
If confiscation proceedings are being brought against your client this can be done under any existing grant of criminal legal aid. The confiscation is treated as part of the sentencing process.
Where solemn and summary criminal legal aid was in place for the trial, the same grant of legal aid remains in force.
Exceptional Status
In cases where the grant of legal aid is subject to fixed fees, an application for exceptional status can be submitted to allow the payment regime to change help cover the additional work required.
ABWOR
If criminal ABWOR had been made available, an increase in authorised expenditure can be submitted. This can only cover any outlays required for these confiscation proceedings, as there is no facility in ABWOR cases for solicitors to be paid more than the disposal fee.
If no summary or solemn criminal legal aid was in place for the trial, then a new application can be submitted for the confiscation proceedings. We will apply the undue hardship and interests of justice tests in solemn criminal legal aid.
If we granted sanction to employ counsel at the original trial, this will not automatically carry over to the confiscation proceedings. If counsel is required, then a new application needs to be made for this.
Where your client was either not convicted or was never an accused person, advice and assistance may be available to help with the proceedings. If your client is not financially eligible for advice and assistance they will need to pay privately in respect of the confiscation proceedings.
The usual financial tests apply to these cases as any other cases. Any funds released by the Crown in civil recovery proceedings are disregarded by us when carrying out the financial assessment.
Merits of different types of case
This page includes merits information for various types of cases involving disputes over children. The case types covered include: adoption and permanence orders; orders relating to parental rights and responsibilities; contact and residence orders; specific issue orders; minutes to vary; and minutes for failure to obtemper. Information is included for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of cases in relation to matrimonial property disputes, including: division or sale actions and exclusion orders. It covers the supporting information you should provide with these types of application, and information for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of divorce (or dissolution) cases without craves for financial provision. The case types covered include divorce based on one or two year separation; on grounds of adultery; and on the basis of interim gender recognition certificate. Information is included for defenders and pursuers. Information is also included for cross-actions and Court of Session cases.
Merits of different types of case
This page includes merits information for various types of divorce cases with financial provision. The case types covered include capital sum orders; transfer of property orders; earmarking orders; incidental orders in terms of section 14(2) of the Family Law (Scotland) Act 1985; and pension sharing orders. It covers the kinds of information we expect to see with these types of applications.
Merits of different types of case
This page includes merits information for various types of interdict (etc.) cases. Types of cases covered include: general interdicts (including non-molestation orders); matrimonial and domestic interdicts; breaches of interdict and power of arrest; non-harassment orders; and applications to revoke or vary orders. Information is included for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of applications in relation to reparation actions. The case types covered include: road traffic accidents; accidents at work; industrial disease cases; professional negligence claims; and condensation/dampness claims. Evidential requirements are included alongside information for both pursuers and defenders where relevant.
Merits of different types of case
This page includes merits information for applications in relation to various types of appeal, and associated evidential requirements. The case types covered include: appeals against refusal of permission; licensing appeals; appeals to the UK Supreme Court; appeals against the First Tier and Upper Tribunals; appeals against the Social Security Commissioners, and information you should provide with your application.
Merits of different types of case
This page includes merits and other practical information for various types of action before the First Tier Tribunal for Scotland (Housing and Property Chamber). It includes the type of actions for which legal aid is available; operational guidance on how we consider these types of applications; and the evidence you should provide with your applications. The fees available are also included.