Changes to the arrangements for opposing applications for orders for recovery of sensitive documents in criminal proceedings


Wednesday, Sep 27, 2017

The Advice and Assistance (Proceedings for Recovery of Documents) (Scotland) Regulations 2017 came into effect on 13 September 2017. These supersede the determination made in March 2016 by the Scottish Government following the case of WF v Scottish Ministers [2016] CSOH 27.

The regulations put on a permanent footing changes to the advice and assistance regime, which allow ABWOR to be made available in relation to “recovery proceedings”.  The practical effect of the regulations is essentially similar to that of the determination.

Recovery proceedings are defined as proceedings in relation to an application for orders for recovery of sensitive documents in criminal proceedings.

A new category code – ORD – should now be used to make advice and assistance and ABWOR applications for these cases.

We have prepared guidance in our Criminal Legal Assistance handbook in relation to the opposition of applications for orders for recovery of sensitive documents in criminal proceedings.

This replaces our previous guidance issued to the profession on 3 March 2016.

The guidance includes information on:

  • Recovery proceedings – definition
  • Eligibility
  • Registration requirements for solicitors undertaking recovery proceedings
  • Qualifying conditions permitting an application for ABWOR
  • Restrictions
  • Conditions
  • Making an application
  • Category code to be used
  • Effective participation
  • Documentation required

For more information, please contact: Shona Herd, Criminal Legal Services, herdsh@slab.org.uk


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