New common queries section to help with Criminal ABWOR cases

We have added a new section to our criminal legal aid guidance with answers to the most common enquiries we receive on Criminal ABWOR cases.

These Frequently Asked Questions (FAQs) explain when, and what type of, Criminal ABWOR is available in different situations.

As Criminal ABWOR regulations and provisions can be quite complex we hope that the explanations will help to clarify these situations for you.

Listed in the guidance under Assistance by way of representation (ABWOR) in summary criminal proceedings, this new FAQs section has questions and answers on the following matters:

• the regulation changes in November 2022 to allow the sheriff court fixed fee to apply to cases resolved before the first court appearance
• applicants not represented at the first custody appearance
• applicants not represented at the first non-custody appearance
• changes of solicitor between court appearances
• no representation provided at the first appearance due to industrial action
• no instructions taken by the nominated solicitor in custody cases
• delegating the court attendance in a custody case
• appearing from custody on a warrant
• applicants not fit to attend the first appearance.

More information

If you have any questions please contact:
Kingsley Thomas, Head of Criminal Legal Assistance
E: thomaski@slab.org.uk