When you cease to be a subject child’s duty solicitor

You will cease to act as a duty solicitor to a subject child when one of the following events occur:

  • you meet the child and decide that they are too young to instruct you directly
  • you meet the child and they tell you that they do not want you to represent them
  • you are unable to meet the child before the hearing and do not have their instructions
  • you are told and have verified, that the child already has a solicitor of choice who can represent them at the hearing
  • at the conclusion of the S48 CPO Hearing before the sheriff
  • at the conclusion of the second day working hearing
  • for custody or secure hearings, when a final (rather than an interim) decision is made on a full CSO in relation to the child at the hearing or at any deferred hearing.

Future hearings

If the child instructs you to act at a future hearing under the 2011 Act, for example at:

  • an Eighth Working Day hearing
  • an early review hearing at the request of panel members
  • a three month secure review hearing

then you will become their solicitor of choice and you will need to apply for ABWOR to attend these hearings.

Where a child wants you to be their solicitor of choice for future hearings after you have provided them with automatic legal aid as a duty solicitor you should let the Reporter know so they can contact you directly as the child’s solicitor rather than asking us to appoint a duty solicitor.

If you are instructed to act as a solicitor of choice you can provide ABWOR. Ensure that you select the correct hearing type in the ABWOR (and non-automatic) online application. This can avoid financial and “Effective Participation” questions for the four specified hearing types and your application will be processed quickly.

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