The financial limit regulations prescribe the initial limit of authorised expenditure, above this you must apply for an increase in authorised expenditure. The relevant limits are where the ABWOR:

  • Relates to a criminal matter other than summary criminal proceedings – £90
  • Involves a second or subsequent diet that has been ordered by the court – £165
  • Relates to Parole Board proceedings – £165

For post-conviction ABWOR proceedings [regulation 4 of The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003], you can apply a substituted initial limit of £165 if a second or subsequent diet is ordered by the Court. This should be intimated to us when submitting your account.

Any further request for increase over £165 must be applied for in the usual way.

Templates are available for some types of ABWOR, which allow you to apply for one increase to cover the costs of deferred sentences and other post-conviction hearings.

Change of solicitor under general criminal ABWOR

There is no provision under the advice and assistance regulations for transferring a grant of advice and assistance. The exception to this rule is summary criminal ABWOR [regulation 6]. You cannot transfer “post-conviction ABWOR”, however, we do have an administrative arrangement for doing so in certain prescribed circumstances.

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