Your appointment to act as a duty solicitor ends 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
If the child instructs you to act at a future hearing, for example at:
The Eighth Working Day hearing
An early review hearing at the request of panel members
At a 3 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 (without having to apply any financial or merits tests). Simply ensure that you select the correct specified hearing type in the ABWOR (and non- automatic) online application. This avoids financial and “Effective Participation” questions and your application will be processed quickly.