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Criminal ABWOR & Solemn Exceptional Status Applications
Thursday, Oct 08, 2015
From 19 October 2015, you will be able to submit Criminal ABWOR or Solemn exceptional status applications online. From that date, we will no longer accept these applications in paper format.
Why is the change being made?
The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2013, which came into force on 8 January 2014, inserted a new regulation 7A “solemn proceedings (exceptional) fees” into the principal Regulations.
This allows a solicitor, in certain circumstances and where certain conditions are met, to apply to SLAB for the case to be determined to be exceptional. Our previous update gives more details on the regulation.
Once a case has been determined to be exceptional the solicitor, and any previous solicitor who acted for the assisted person in that case where there has been a transfer of agency, is to be paid different fees to those otherwise payable under Schedule 1 of the principal regulations for solemn proceedings.
If an application is made under Regulation 7(A)(3) it must be demonstrated that the assisted person would be deprived of the right to a fair trial in a case because of the amount of fees payable to the solicitor.
How are applications made online?
You can submit exceptional status applications online by accessing the exceptional status application from the ‘criminal’ tab.
Applications under Note 1(5)(i) of the notes on operation of Schedule 1
Where the application is in terms of Note 1(5)(i) of the notes on operation of Schedule 1 (to opt out of Inclusive Fee 3 – Prison Block) you should not use the online application.
You should continue to submit these applications by letter, fax, email (preferably) or online message marked for the attention of the accounts specialist department.
- If an application is made under Note 1(5)(i) please provide the following information:
- The number of consultations with your client at prison to date;
- The times engaged in the consultations to date;
- The number of consultations you anticipate will be required;
- An indication of the sheetage contained within the volume of productions and disclosure received to date;
- Brief outline of the factual complexities which feature in this case; and
- Any other relevant observations.
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