Assistance by Way of Representation (ABWOR) is defined in section 6(1) of the Legal Aid (Scotland) Act 1986 as:
“advice and assistance provided to a person by taking on his behalf any step in instituting, conducting or defending any proceedings
whether by representing him in those proceedings or by otherwise taking any step on his behalf (as distinct from assisting him in taking such a step on his own behalf).”
ABWOR is a type of advice and assistance made available under Part II of the Act which enables representation to be provided but only for the proceedings listed in the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003.
You should determine whether the subject matter of the advice and assistance concerns a civil, criminal or children’s matter using our guidance.
The proceedings listed in the ABWOR regulations to be treated as civil matters (either by their nature or in terms of our guidance) are as follows:
An appeal against a decision made under or by virtue of:
In civil proceedings arising from a failure to pay a fine or other sum or to obey an order of the court, you can provide ABWOR only where you are satisfied that:
See Regulation 12 of the Advice and Assistance (ABWOR) (Scotland) Regulations 2003.