Although ABWOR under regulation 4 of the ABWOR regulations was specifically disapplied by the prescribed proceedings regulations at regulation 4 to cases appearing before a drug court this was reflecting the process in its original form from custody in the Glasgow drug court pilot. The circumstances in which cases now tend to be remitted to a drug court remain part of the sentencing procedure and, therefore, ABWOR for summary criminal proceedings, in terms of regulation 3(a) of the ABWOR regulations, remains available.
Where your client is referred to a drug court you must continue to provide the same aid type and charge for the drug court appearances accordingly. So where you are providing ABWOR, the client having tendered a plea of guilty, you continue to charge for a drug court appearance under ABWOR. You cannot provide a client with ABWOR for appearances before the drug court where they were receiving criminal legal aid in the proceedings, or vice-versa.
Drug court hearings (per appearance)
Schedule 1B, Part 2 prescribes the fixed payment.
The fixed payment, originally prescribed by Schedule 1, Part 2 (summary criminal legal aid) has always applied per appearance regardless of the number of cases calling before the drug court at the same time. It does not matter how the case got to the drug court or whether it is before the court as a deferred sentence, a DTTO or in respect of any other order:
Under-21 supplement (where only Part 2 payment due)
You are entitled to an enhanced fixed payment where the client is referred direct to the drug court, is remanded in custody and is at any time during that remand under 21 years of age.
Detailed fees are chargeable in excluded proceedings or in a case determined by the Board to have exceptional case status.