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Legal aid guidance
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Covid-19
Covid-19: Guidance on making interim claims for payment [UPDATED]
Opponent notifications and statutory statements in applications
Notification of a grant of A&A, provision of ABWOR and your client’s declaration
The Declaration
Cases where documentary evidence not available immediately
General scope of ABWOR in summary criminal proceedings
Definition of “appointed solicitor” and principal criteria for acting
Duty solicitor payment arrangements, identification parade fees, follow up fees, preliminary pleas, failure to appear, appointed solicitors, duty solicitor/half fee, prevaricating witness
Availability of criminal legal aid in summary proceedings
Applying for legal aid in summary proceedings
Assessing disposable income
Legal Aid Online applications for solemn legal aid
Assessing disposable income in solemn proceedings
Choosing the right legal aid declaration form for criminal appeals
Appeal applications where financial eligibility test to be applied and information on assessing a client’s disposable income
ABWOR issues in fixed payment accounts
Duty solicitor plea – half fee
Completing the advice and assistance application form
Financial eligibility for advice and assistance: evidence you must supply
The essential components of a civil legal aid application: forms, statutory statements, declaration
Our power to modify or impose conditions on grants of legal aid
Submission of A&A accounts including diagnostics
Submission of account of expenses: when must your final account be submitted by?
Civil legal aid accounts: activities covered by the conduct fee
Civil legal aid accounts: availability of payments to account for fees
Applying for advice and assistance: choosing the correct category code, and advice and assistance applications on behalf of – or directly by – a child
Assessment of your client’s financial eligibility
Cases where no documentary evidence of eligibility is immediately available
Online declaration/your client’s declaration
Conditions on grants of legal aid
How we calculate income
Timely submission of account of expenses
Eligibility for interim reimbursement of fees and outlays
Civil Guidance
Advice and Assistance
Table of fees
Availability of advice and assistance
Definition of advice and assistance
Matters covered by civil advice and assistance
Granting standard advice and assistance
Matters covered by a diagnostic interview
Choosing the correct A&A category code: Civil or Children’s
Diagnostic advice and assistance matter categories
Policy and procedure where providing a diagnostic interviews only or multiple interviews
Moving from a diagnostic interview to standard advice and assistance: when and how to do this
Approved subject matters for standard advice and assistance: deciding whether a matter is ‘distinct’
Civil advice and “representation”: steps that can and cannot be taken before a court or tribunal
Relationship with civil legal aid applications
Who may provide civil advice and assistance?
Who can receive advice and assistance?
Commencement of advice and assistance: the relevant date
The role of unqualified persons in the provision of advice and assistance
Questions to ask your client in determining whether to grant advice and assistance
Client information and satisfying yourself on eligibility before granting
List of your responsibilities
TOOL: apply for/oppose an order under the Adults with Incapacity (Scotland) Act 2000
Advice and Assistance application procedures
Completing the advice and assistance application form
Advice and assistance and the assessment of financial eligibility
Financial eligibility of children for advice and assistance (non-criminal matters)
Advice and assistance for reciprocal enforcement of maintenance orders: special eligibility arrangements
Financial eligibility for advice and assistance: evidence you must supply
Advice and assistance applications: the applicant’s declaration
Telephone grants of advice and assistance
Granting advice and assistance: timescales for notifying us
Identifying case types where A&A is appropriate: distinct and reasonably ancillary matters
Advice and assistance and the basic limits of expenditure: which level applies?
Authority to exceed the initial expenditure limit for advice and assistance: template increases
Advice and assistance: non-templated increases
Providing advice and assistance to children
Advice and assistance and changes of nominated solicitor
Second solicitor giving advice and assistance on the same matter: prior authority required
Procedure for withdrawing from giving advice and assistance
Private client charging after a grant of advice and assistance has ended: what you must do
Rule on the simultaneous provision of A&A and civil legal aid
Verification of financial eligibility for advice and assistance or ABWOR
Financial verification for civil advice and assistance: an introduction
Financial verification for advice and assistance: general principles
Advice and assistance eligibility and financial verification: your client’s responsibilities and what they should be aware of
Advice and assistance and financial eligibility: assessment of capital
Advice and assistance and financial eligibility: assessment of income
Advice and assistance and financial eligibility: cases where no documentary evidence of eligibility is immediately available
Advice and assistance and financial verification in prisoners’ cases: aggregation of partner’s resources
Advice and assistance and financial verification: required age of documentary evidence
ABWOR in civil proceedings
The scope and availability of ABWOR in civil proceedings
Proceedings requiring our prior approval before granting ABWOR
Financial eligibility tests for ABWOR: case type exemptions
Your responsibility to decide on your client’s eligibility for ABWOR
Requirement for our prior approval for certain ABWOR cases: tests applied
Civil ABWOR: the limit of authorised expenditure
Exemptions to rules on property recovered or preserved in Upper Tribunal proceedings
Determination: cover for representation before the First-tier Tribunal (Asylum Support)
Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties
The use of counsel under Advice and Assistance
Advice and assistance increases for expert witnesses who are based at a considerable distance from the court and your client: factors to address
Advice and assistance increases for mediation
Limited availability of advice and assistance for tracing relatives or witnesses: “fishing enquiries”
Increases for different types of case under A&A and ABWOR
TOOL: A&A increases and templates guide
Civil Legal Aid
Table of fees
Availability of Civil legal aid and application procedures
Definition of civil legal aid
Applications by corporate or unincorporated bodies and sole traders
Courts and tribunals in which civil legal aid is available
Proceeding for which civil legal aid is not (or only partially) available: ‘excepted proceedings’
Civil legal aid: statutory tests for applications
Other rights or facilities
Civil legal aid for matters outwith Scotland
What date is legal aid effective from?
The essential components of a civil legal aid application: forms, statutory statements, declaration
Civil legal aid and the role of opponents
Civil legal aid applications: statements and other documents we need
Rejection of civil legal aid applications: consequences of missing information
Civil legal aid applications by someone unable to sign or suffering from a mental disorder
Civil legal aid applications by person resident outwith the UK
Civil legal aid application by or on behalf of children: assessing ‘general understanding’ of instructing a solicitor
Our power to modify or impose conditions on grants of legal aid
Refusal of legal aid applications
Applications for civil legal aid for proceedings where we are a party
Disputing information: what to send us if you are acting on behalf of your client who is the opponent
Financial assessment
Financial eligibility for civil legal aid: general conditions and limits
Choosing the right financial information form for the client
Civil legal aid assessment period and its consequences: ‘period of computation’
Taking partners’ financial resources into account: civil legal aid
Civil legal aid: how we calculate income and what’s included
Civil legal aid: assessment of capital resources and relevant disregards/allowances
Financial assessment where applicant has deprived themselves of resources: no disregards given
Calculating disposable capital and disregards: are the resources the subject matter of dispute?
Financial assessment for special categories of applicant
Appellate proceedings: is a fresh financial assessment and additional contribution necessary?
Adults With Incapacity (Scotland) Act 2000: modified financial assessment process
Will my client be liable to pay a contribution?
Assessing probable cause and reasonableness
Overview of reasonableness factors
Timing of the application and the status of the dispute
Prospects of success
Cost and benefit analysis
Strategic impact or wider public interest of the case
Merits of different types of case
TOOL: find the merits guidance for your case
Cohabitee cases
Gender Recognition cases
Cases involving disputes over children
Matrimonial property disputes
Divorce – non-financial provision cases
Divorce – financial provision cases
Applications for legal aid by curators ad litem for children
Interdicts, power of arrest and non-harassment orders
Reparation cases
Petition for Judicial Review
Legal aid for judicial review of our decisions
Actions of payment
Actions of reduction
Caution
Safeguarders – Adults with Incapacity
Fatal Accident Inquiries
Appellate proceedings
Applications by children
Defamation
Mortgage rights proceedings – Home Owner and Debtor Protection (Scotland) Act 2010
Actions in relation to private sector tenancies (including eviction proceedings in the First-tier Tribunal for Scotland (Housing and Property Chamber))
Proceeds of Crime cases
Adults with Incapacity (AWI)
Modified application procedures
Civil legal aid for child abduction/custody cases: simplified application arrangements for Hague Convention and European Convention on the custody of children cases
Civil legal aid cases under the European judgements convention: modified application procedure
Civil legal aid cases under the Maintenance Orders: Reciprocal Enforcement
Legal aid and cross-border disputes within the European Union: modified application procedure
Civil legal aid for maintenance obligation cases under Council Regulations (EC) No. 4/2009: circumstances where no financial assessment required
Special urgency
Cover for work done before a decision on the legal aid application: the nature and types of special urgency
Special urgency: satisfying yourself that a client is financially eligible
List of circumstances in which you may undertake urgent work without prior approval
Arrangements for collection of your client’s contributions in special urgency: the client mandate
Assessment of special urgency applications: tests applied by us
Special urgency guidance: family cases
Rejected or continued applications for civil legal aid: limited circumstance in which special urgency is available
The importance of providing reasons for special urgency in the body of your application
Special urgency, expenses, and property recovered or preserved: circumstances where we may not be able to pay you
Status of your client under special urgency: contributions and requirement to provide financial information
Special urgency and extension or amendments to existing legal aid
Special urgency and sanction applications: usual sanction procedure applies
Special urgency and undertaking necessary collateral work: timing issues
Special urgency work’s status: issues your client to be aware where it is not a grant of legal aid
Special urgency situations where the client does not comply with our requests for information: potential effects
Special urgency: procedure for exemption from court fees
Cost limits
Cost limitations on grants of civil legal aid: how the limit is calculated and what is covered
The importance of monitoring your case costs: considering sufficient expenditure
Case cost limits: payments from the Fund and judicial expenses cases
Applying for funding beyond the standard cost limit: factors to be addressed
Seeking a review of the case cost limit applied: procedure and information to provide
Applying for an increase beyond the standard cost limit: procedure and information to provide
Increases in long running cases or with multiple legally-aided parties: our monitoring role
Situations in which retrospective authority for a case cost increase may be granted
TOOL: standard cost limit of your case
After a grant, and prior approval needed
After a grant: extensions or amendments to grants of civil legal aid
Key points about approval
Applying for approval before, during and after a grant of legal aid
Employment of counsel
Employment of expert witnesses
Instructing a medical or health professional
Practical guidance to give to witnesses
Practical guidance to give to experts
Practical guidance to give to shorthand writers
Work of an unusual nature or likely to involve unusually large expenditure
After a grant: prior approval and the execution of diligence
Stage reporting
Changes of nominated solicitor
TOOL: funding for child welfare report
TOOL: sanction required if not acting as an expert?
TOOL: find a template sanction
TOOL: common types of work involving unusually large expenditure or unusual work
Changes of circumstances and withdrawal of legal aid
Duty to report change of circumstances
Duty to report abuse of civil legal aid
Our power to amend financial assessment: potential scenarios
Suspension of civil legal aid: relevant scenarios and impact
Termination of civil legal aid on change of circumstances
Regulation 31: termination of legal aid where conduct of your client is incompatible with continued grant
Termination of legal aid in cases of false or incomplete information
High cost and complex cases
Civil cases subject to special arrangements: criteria for identifying high cost and/or complex cases
Dedicated contact from us in high cost/complex cases
Our role in identifying and avoiding duplication of work across high cost/complex civil cases
Advice and Assistance Accounts
Table of fees
Introduction to civil A&A and ABWOR fees
Introduction to civil A&A accounts legislation
Basis on which we assess requests for payment of AA fees and outlays: the standard of taxation
Tables of fees available for civil advice and assistance
Cases where you are not due payment from the Fund: restrictions on what you can charge your client
Civil legal aid already in place
What information should you supply with your civil A&A account?
Payment under civil advice and assistance
Assessment of advice and assistance accounts: providing proportionate advice and potential abatements
Payment under advice and assistance
“First port of call” provisions: payment sources to look to before making a claim on the Fund
How to calculate and seek payment for A&A: the role of expenses/property recovered or preserved
Payment for A&A where claiming judicial expenses: no claims on Fund or your client
Diagnostic interview
Payment for diagnostic work where standard A&A later becomes available
Submission of diagnostic advice and assistance accounts: timebar after three months
Diagnostic advice and assistance: definition and expenditure limit
Who may give advice and assistance
Understanding what is properly chargeable in accounts: who can provide advice and assistance?
Advice and assistance accounts: delegation of work to unqualified person
A&A/ABWOR accounts: what counts as ‘representation’?
Advice and assistance accounts: can I undertake chargeable work if my practicing certificate has been restricted?
Can I delegate advice and assistance to an out of house professional?
Employment of and payment for counsel under A&A: prior authority required
Preparation and submission of an account
Preparing an A&A account: no charge payable
Submission of A&A accounts including diagnostics
Guidance on submission of accounts where both A&A and civil legal aid have been provided
Circumstances where a higher limit of expenditure may be available
Vouching: information you should retain in your file
A&A accounts and increases in authorised expenditure: what is chargeable and on what basis?
Accounts - charging
A&A accounts: no work chargeable before advice and assistance is granted
Providing sufficient narrative information for the assessment of account entries
A&A Accounts: fees for the initial meeting and taking instructions from the client
Charging for meetings with clients
A&A fees payable for letters
A&A accounts and telephone calls: rates allowable and information you should provide with the account entry
A&A fees payable for the taking of precognitions
A&A Accounts: the rate payable for perusal of documents
The account - outlays
A&A accounts: test applied for whether outlays charged are allowable
A&A accounts and increases: authorised level of expenditure not automatically payable
A&A accounts and counsel’s fees: demonstrating work was reasonable, and procedure for payment
A&A accounts and mileage: the flat rate payable
Reimbursement of outlays: circumstances in which reimbursement is available
A&A outlays and payment for expert reports: requirement of prior approval
Outlays payable for experts located at a distance from the tribunal: information you should provide
Issues arising with different types of A&A
A&A for conveyancing work: requirement for increase to be granted and implications for property recovered or preserved
A&A charges for Criminal Injuries Compensation Agency work: no fees payable for precognitions
ABWOR accounts information
Civil ABWOR accounts: what is ABWOR and who may provide it?
List of ABWOR proceedings for which our prior approval is needed
ABWOR accounts and the employment of counsel: requirement of prior approval, and charges for unauthorised advocacy
ABWOR and charges for affidavits
ABWOR and sequestration proceedings: block fees payable and charges subsumed
ABWOR payments for hearings before tribunals
ABWOR accounts and instructing local agents
ABWOR and our assessment of fees for preparation: specific information required
Travel
When does travel become chargeable under A&A? Information you must be satisfied on
A&A and general rules for travel-related charges
A&A charges for consecutive days’ travel: is it cost effective?
A&A travel costs: steps you should take to ensure costs will meet the statutory tests
Payment for travel outwith normal hours: what location will we pay you from?
Advice and Assistance accounts and travel: flat mileage rate payable and parking charges
Payment for travel and the appropriate apportionment of cost between clients: general policy
Travel costs for one destination: attending on multiple clients and when to round up time spent
Travel costs where multiple destinations: how to appropriately allocate costs where equal apportionment is not possible
Civil legal aid accounts
Table of fees
Introduction to civil reform fees
What types of cases are subject to civil reform fees?
Submission of account of expenses: when must your final account be submitted by?
Detailed fees: Court of Session proceedings, Children’s Proceedings, work listed in Schedule 7 and simple procedure cases chargeable under schedule 2A
Civil legal aid accounts: Court of Session cases
Civil legal aid accounts: Sheriff Appeal Court
Civil legal aid accounts: list of sheriff court cases or work items chargeable on a detailed basis
Payment for special urgency work in cases which do not proceed to civil legal aid
Civil legal aid accounts: Simple procedure cases
Block fees: sheriff court proceedings (no action raised or undefended)
Sheriff court block fees where no action raised: payment in formal and informal settlement scenarios
Civil legal aid: fees payable for undefended actions which become defended or vice-versa
Civil legal aid fees: fees payable for undefended actions in the sheriff court except those actions of divorce or separation and aliment
Civil legal aid fees: fees payable for undefended actions in the sheriff court for actions of divorce or separation and aliment
Block fees: sheriff court proceedings (defended)
Sheriff court cases chargeable on a block fee basis: defended action
Civil legal aid block fee accounts: instruction fees
Civil legal aid accounts: progress fees for work done before 10 February 2007
Civil legal aid accounts: Continued Options Hearing
Civil legal aid accounts: fees chargeable for motions and minutes
Civil legal aid accounts: list of miscellaneous fees
Civil legal aid accounts: summary of settlement provisions and when chargeable
Civil legal aid accounts: fees for preparation
Civil legal aid accounts: conduct & waiting
Civil legal aid accounts: activities covered by the conduct fee
Civil legal aid accounts: travel time
Additional fees and provision for exceptional cases in schedule 2A and schedule 6 cases
Civil legal aid accounts: availability of additional fees (‘percentage uplift’)
Civil legal aid accounts: factors we consider when assessing additional fee requests in block fee schedule 6 cases
Civil legal aid accounts: application for additional fee in Court of Session, Sheriff Appeal Court cases and summary cause proceedings
Civil legal aid accounts: Sheriff Appeal Court and Sheriff court – Procedure for applying for an additional Schedule 6 inclusive fee
Civil legal aid accounts: applying for an exceptional case application in accounts chargeable under schedule 2A or schedule 6
Interim payment procedure for fees and/or outlays
Civil legal aid accounts: availability of payments to account for fees
Civil legal aid accounts: availability of payments to account for outlays
Ruling on appearance of counsel without an agent
Dean of Faculty ruling on appearance of counsel without an agent: relaxation of previous rules and implications
Clawback and expenses
A&A - clawback and regulation 16(3)
Introduction to advice and assistance: property recovered and preserved provisions
Payment of A&A fees and outlays: the hierarchy of payments and where you should look to for payment
Our definition of property recovered or preserved (advice and assistance)
Property recovered or preserved where your client received both A&A and civil legal aid
Hardship applications: grave hardship or distress to client or undue difficulty or delay recovering the money – Reg. 16(3)
Client hardship applications: Regulation 16(3)(a)
Solicitor hardship applications: difficulty or delay in recovering from the applicant
Clawback and transfers of agency
Review of our refusal under regulation 16(3)(a) or (b)
Clawback: our right to recover sums paid out of the Fund from the applicant
Property recovered or preserved in civil legal aid
‘Clawback’ in civil legal aid: our right to recoupment from property recovered or preserved
Legal background and rationale for property recovered or preserved provisions in civil legal aid
Property recovered or preserved: calculating the net liability to the Fund
Defining ‘recovery and preservation of property’
Points in proceedings which may trigger a recovery or preservation of property
Recovery or preservation of property in matrimonial proceedings
Exemptions from clawback in civil legal aid
Concluding a case: information you should provide to help us assess whether property has been recovered or preserved
Clawback in civil legal aid: payment and enforcement of the net liability
Expenses
Expenses in favour of an assisted person
Expenses awarded against your client
Expenses of unassisted party out of the Legal Aid Fund
Awards of judicial expenses
Judicial expenses and private charging for work done before legal aid was granted
Interpreting and translating
Legal aid accounts: payment for interpreters
Payment for translation services
Pro-forma invoice for interpreter or translator fees
Interpreter attendance at police stations
Legal aid for contempt of court proceedings
Civil: General scope of legal aid in contempt of court proceedings
Who can provide legal aid for contempt of court in civil proceedings? Legal aid registration requirements
Availability of legal aid for contempt of court proceedings
Civil: Contempt proceedings at first instance: power of the court to assign you or counsel
Civil: Legal aid in contempt proceedings at first instance: applying to the court and eligibility criteria
Civil: Legal aid in contempt appeals: applications to us and tests applied
Civil: Contempt of court: refusals of legal aid
Civil: Sanction in contempt of court cases
Civil: Termination of legal aid in contempt cases: application of Regulation 8 and implications
Criminal Guidance
Assessing disposable income in solemn proceedings
Carrying out criminal legal assistance
Table of fees
Availability of advice and assistance
Definition and scope of criminal advice and assistance
Criminal ABWOR and “representation”
Initial limits and increases in authorised expenditure
Who may grant and provide criminal advice and assistance?
Who is a person for the purpose of receiving criminal AA?
Cases where our prior approval is required to grant criminal A&A
Admitting client to A&A and date of commencement of advice
Initial checks and steps when granting A&A
Single grant under fixed payment ABWOR in summary criminal proceedings
Single payment under A&A/ABWOR in criminal proceedings
Criminal A&A: our functions and responsibilities, you and the assisted person
Advice and assistance application procedures
Notification of a grant of A&A, provision of ABWOR and your client’s declaration
Assessment of financial eligibility for criminal advice and assistance, financial limits in Keycard and contribution
Determination of disposable capital and disposable income
Financial assessment and verification of capital – to be checked even in passport benefit cases
Financial assessment and verification of income
Verification of financial eligibility in criminal A&A
Verification: application of the tests of “necessary” and “practicable”
Advice on obtaining and retaining documentary evidence and the age of documentary evidence
Cases where documentary evidence not available immediately
Verification where your client is in custody or in prison
Multiple grants of advice and assistance
The need to work within initial limit of authorised expenditure and increases in authorised expenditure
Increases for the employment of counsel, expert witnesses and other third parties
Increases in post-conviction ABWOR breaches and reviews, multiple deferred sentences and templates
Petition for the removal of a disqualification under section 42 of the Road Traffic Offenders Act 1988
Increase requests for Scottish Criminal Cases Review Commission cases
Advice to or on behalf of children
Changes of nominated solicitor under advice and assistance
Second solicitor giving advice and assistance on the same matter: prior authority required
Procedure for withdrawing from giving advice and assistance/private charging after a grant of advice and assistance
Assistance by way of representation (ABWOR) in summary criminal proceedings
General scope of ABWOR in summary criminal proceedings
The basics of making ABWOR available in summary criminal proceedings
Your role to grant ABWOR
Our role to do post-grant verification checks – A&A and ABWOR
ABWOR where client is not appearing from custody – when is it available?
Failure to appear – appearance on a warrant – continued availability of ABWOR
ABWOR where client not appearing from custody: the interests of justice test
ABWOR in summary cases – assisted person in custody – “appointed solicitor”
Definition of “appointed solicitor” and principal criteria for acting
Criteria and conditions to act as appointed solicitor
Examples of situations where you cannot appear as appointed solicitor on behalf of a client
Change of solicitor under summary criminal ABWOR
Assistance by way of representation in other criminal proceedings
General scope of ABWOR in non-summary criminal proceedings
Eligibility criteria for general ABWOR (other than ABWOR in summary criminal proceedings)
The provision of general criminal ABWOR
General ABWOR proceedings for which a financial test is necessary
Proceedings under the Criminal Procedure (Scotland) Act 1995
Double jeopardy cases
General ABWOR proceedings for which a financial test is not necessary
ABWOR proceedings needing our prior authority
Recovery proceedings under ABWOR needing our prior authority
Assistance by way of representation in parole board proceedings
Provision of A&A and ABWOR in Parole Board cases: introduction
ABWOR in Parole Board cases: relevant legal aid regulations and Parole Board rules
Availability of ABWOR for Parole Board cases: specific categories of prisoner
Parole Board procedure: governing rules and process
Parole Board cases: scope of ABWOR available and initial limit of expenditure
Parole Board cases: eligibility criteria for ABWOR
Parole Board cases: increases in authorised expenditure
Parole Board interviews: outwith scope of ABWOR
General availability of criminal legal aid
Scope and nature of criminal legal aid
Who may provide criminal legal aid
Distinct proceedings, bail, preliminary pleas, reduction from solemn to summary, desertion of proceedings, remits to the High Court
Separate applications for legal aid under summary and solemn procedure
When to make an application for automatic criminal legal aid, solemn and summary criminal legal aid and an appeal case
Criminal legal aid for a referral to the European Court, compatibility issues and the UK Supreme Court
Automatic availability of criminal legal aid
Availability of automatic criminal legal aid
Automatic legal aid for an identification parade
Automatic legal aid for solemn proceedings
Automatic legal aid for summary proceedings, duty solicitors and appointed solicitors
Automatic legal aid for cases involving mental health issues, pleas in bar of trials, mental health proof, examination of facts, section 62 or 63 appeals
Automatic legal aid for new prosecution for the same or similar offence
Automatic legal aid for cases involving sexual offences, child witnesses, vulnerable witnesses and the Domestic Abuse (Scotland) Act 2018
Intimation form for automatic criminal legal aid
Court duty solicitor arrangements
Our obligation to make a court duty solicitor available
Identification parades and purposes for which a court duty solicitor must be available in solemn and summary procedures
Continuity of representation outwith your period of court duty
Circumstances in summary custody cases when only the court duty solicitor may give legal aid
Criminal court duty plans, eligibility criteria and consultation with local faculties
Delegating or exchanging court duty work
Responsibilities and obligations of the court duty solicitor and the relationship with the nominated solicitor
Duty solicitor payment arrangements, identification parade fees, follow up fees, preliminary pleas, failure to appear, appointed solicitors, duty solicitor/half fee, prevaricating witness
Advice and assistance when acting as court duty solicitor
Criminal legal aid applications to the court
Applications to the court for legal aid in a summary 23(1)(b) case
How to complete a court application form CRIM/COURTAPP
Applications for Exceptional Case Status in summary criminal proceedings
Exceptional case status application in summary proceedings
Factors we take into account when assessing exceptional case status
Applications in summary criminal proceedings
Availability of criminal legal aid in summary proceedings
Applying for legal aid in summary proceedings
Time limit for applications in summary proceedings
Statutory criteria for a grant of criminal legal aid in summary proceedings
Statutory factors to be taken into consideration when applying the interests of justice test in JP Court cases
Special urgency in summary criminal proceedings
Review of a refusal of an application in summary proceedings
Glasgow Alcohol Court and other problem Solving Courts
Financial eligibility for summary criminal legal aid
Undue hardship test in summary criminal legal aid applications
Assessing disposable income
Changes in financial circumstances
Assessing disposable capital
Applications in solemn proceedings
Availability of legal aid in solemn criminal proceedings
Legal Aid Online applications for solemn legal aid
Limited availability if your client has other rights and facilities
Assessment of undue hardship in solemn proceedings
Special urgency and solemn legal aid
Procedure for review of our decision to refuse legal aid
Financial eligibility for solemn criminal legal aid
Assessing disposable income in solemn proceedings
Undue hardship test in solemn criminal legal aid applications
Assessing disposable capital
Changes in financial circumstances
Criminal legal aid applications for appeals
General availability of criminal legal aid for appeals and status as distinct proceedings
Choosing the right legal aid declaration form for criminal appeals
Supporting documentation you should provide in a legal aid application for a criminal appeal
Availability of special urgency for criminal appeals
Appeal applications where financial eligibility test to be applied and information on assessing a client’s disposable income
Information on assessing a client’s disposable capital where financial test to be applied in a criminal appeal application
Availability of legal aid in appeals for a client with other rights or facilities to assist with legal costs
Timing issues: when to apply for legal aid for a criminal appeal
Criminal legal aid for late appeals
Legal aid application for an appeal where leave to appeal is not required
Review of our refusal to grant legal aid for a criminal appeal
Criminal legal aid and a Crown appeal: is a separate legal aid application required?
Availability of legal aid and tests you should address in an application for legal aid for an appeal to the UK Supreme Court
Power of the High Court to determine interests of justice test in appeal applications
Legal aid for an appeal by a person convicted of an offence who has since died Criminal legal aid for appeals in Scottish Criminal Cases Review Commission cases
Criminal legal aid for appeals in Scottish Criminal Cases Review Commission cases
Work that needs our prior approval after legal aid granted
Applying for prior approval
Approval for counsel
Approval for counsel – test, definitions and principles
Circumstances where approval for counsel is required
Approval of counsel in the Sheriff court – factors we will consider
Approval of counsel at the Petition stage in High Court proceedings
Applications for employment of senior counsel, more than one junior counsel and senior counsel acting alone
What work our approval covers
Approval for an expert witness
Application for the employment of an expert witness
Employment of a professional (including witnesses as to fact)
Employment of expert witnesses
Approval for unusual work or unusually large expenditure
Work of an unusual nature or likely to involve unusually large expenditure
Circumstances when you need to apply for approval and when this is not required
Approval for costs of special measures for child witnesses and vulnerable adult witnesses
Taking defence statements in High Court cases
High cost cases
Criminal cases subject to special arrangements
How we assist you in high cost/complex cases
Our role in identifying and avoiding duplication of work across high cost cases
Good practice in complex criminal cases – High Court Protocol
Change of solicitor
Nominated solicitor ceasing to act for the assisted person
Client dispensing with your services
Assisted person wants another solicitor to act
Turnaround time for applications for change of solicitor
Termination of criminal legal aid
Termination of criminal legal aid by the court
Termination of criminal legal aid by us
Proceeds of crime
Criminal and civil legal aid in proceeds of crime cases
Proceeds of crime work where legal aid granted at first instance
Proceeds of crime work where no legal aid in the first instance
Legal aid for contempt of court proceedings
Criminal: General scope of legal aid in contempt of court proceedings
Criminal: Who can provide legal aid for contempt of court? Legal aid registration requirements
Criminal: Availability of legal aid for contempt of court proceedings
Criminal: Contempt proceedings at first instance: power of the court to assign you or counsel
Criminal: Legal aid in contempt proceedings at first instance: applying to the court and eligibility criteria
Criminal: Legal aid in contempt appeals: applications to us and tests applied
Criminal: Contempt of court: refusals of legal aid
Criminal: Sanction in contempt of court cases
Criminal: Termination of legal aid in contempt cases: application of Regulation 8 and implications
Criminal fixed payment accounts
Table of fees
Introduction to summary criminal fixed payments
What are fixed payments?
Proceedings to which fixed payments apply
Proceedings to which fixed payments do not apply
The fixed payments schedules
Bar on mixing fixed payments and detailed fees
Breach of bail etc. proceedings
Proceedings covered by fixed payments (the “single matter”)
Acting for more than one accused person in the proceedings
Proceedings arising out of the same incident
Single payment in a summary criminal case
Proceedings to which fixed payments do not apply
Exceptions to lodging a fixed payments account
Excluded proceedings
Exceptional cases
Fixed payments allowable in a case
The structure of fixed payments
First and second deferred sentence
Schedule 1 fee (the legal aid core fixed payment)
Schedule 1A fee (the legal aid case disposal fee in the sheriff court)
Schedule 1B fee (the ABWOR core fixed payment in the JP court)
Schedule 1B fee (the ABWOR case disposal fee in the sheriff court)
Section 174(1) appeal
Post-conviction hearings under ABWOR
The drug court
Travel
Subsumption of fees and outlays under advice and assistance (and ABWOR)
Outlays
Outlays included in the fixed payment fee
No payment can be made to a witness on the Crown list
Outlays not included in fixed payment
General regulations and standard of taxation – outlays
Employment of counsel and expert witnesses
Sanction for unusual work or unusually large expenditure
Certain outlays not chargeable under advice and assistance (and ABWOR)
Accounts and general issues
Submission and completion of the account synopsis form
Conclusion of proceedings
Criminal fees regulations and standard of taxation
Acting for more than one accused person in the proceedings
Payment on transfer of agency
ABWOR issues in fixed payment accounts
Waiting time
Duty solicitor plea – half fee
Appendix 1: Summary of Criminal fixed payment schedules
Summary of Schedule 1 – Part 1
Summary of Schedule 1 – Part 2 Drug Court
Summary of Schedule 1A – Part 1
Summary of Schedule 1A – Part 2 Drug Court
Summary of Schedule 1B – Part 1 (JP Court)
Summary of Schedule 1B – Part 2 Drug Court (JP Court)
Summary of Schedule 1B – Part 1 (Sheriff – Stipendiary Court)
Summary of Schedule 1B – Part 2 Drug Court (Sheriff – Stipendiay Court)
Appendix 2: Proceedings arising out the same incident
Examples of proceedings arising from the same incident
New complaint the same as previous complaint
New complaint: further charge arising from incident
Two separate complaints combined in a third
Examples of proceedings not arising from the same incident
New complaint: further charge from separate incident
Bail offences
Conditions to be met by an appointed solicitor
Interpreting and translating
Legal aid accounts: payment for interpreters
Payment for translation services
Pro-forma invoice for interpreter or translator fees
Interpreter attendance at police stations
Children's Guidance
Children's Advice and Assistance
Table of fees
Availability of Advice and Assistance
What is advice and assistance?
Who may provide advice and assistance?
Who can receive advice and assistance?
Does your client have any other rights and facilities?
What does advice and assistance cover?
Questions to ask your client when assessing their eligibility
Summary of your responsibilities in providing advice and assistance
Payment of Safeguarders and Curators Ad Litem in children’s hearings court proceedings
Appointment and payment of safeguarders where the safeguarder is a practicing solicitor
Appointment and payment of curators ad litem who are also practicing solicitors
Advice and assistance cannot be given by safeguarders and curators ad litem
Advice and Assistance Application Procedures
Applying for advice and assistance: choosing the correct category code, and advice and assistance applications on behalf of – or directly by – a child
Assessment of your client’s financial eligibility
Advice and assistance declaration form
Time limit for intimation of application to us
Multiple grants of advice and assistance
Situations where fresh grants of advice and assistance are required for the same client in proceedings under the Children’s Hearings (Scotland) Act 2011
The limit of authorised advice and assistance expenditure
Change of nominated solicitor
Second solicitor giving advice and assistance on the same matter
Procedure for withdrawing from giving advice and assistance
Private charging after a grant of advice and assistance
Can children’s advice and assistance be given at the same time as children’s legal aid?
Could a client receiving advice and assistance end up paying money recovered or preserved back to the Legal Aid Fund?
Verification of financial eligibility for children’s advice and assistance and ABWOR
The purpose of verification of financial eligibility
Capital eligibility: must be checked even if your client is receiving a passported benefit
Client’s eligibility on income
Cases where no documentary evidence of eligibility is immediately available
Verification in prisoners’ cases
What period should documentary evidence cover?
Increases in authorised expenditure
When increases in children’s cases are required: different types of children’s hearings and court hearings
Appeals against decisions of children’s hearing
Appeals to the Sheriff Appeal Court and/or Court of Session
Increases for employment of counsel
Independent Reports and Assessments for children’s hearings under the 2011 Act
Independent experts attending and participating at children’s hearings under the 2011 Act
Increase requests by Curators ad litem
The availability of increases for attending Social Work case conferences, Child in Care Reviews, adoption matching panels and other such meetings
The availability of increases for pre-Hearing visits
Assistance by Way of Representation for children’s proceedings
General scope of ABWOR in proceedings under the 2011 Act and Part 4 of the 2019 Act
Templated increases in authorised expenditure for certain hearing types where ABWOR has been granted under the 2011 Act
Availability of ABWOR to a child
Availability of ABWOR to relevant persons and deemed relevant persons in 2011 Act proceedings
Availability of ABWOR to a ‘section 126 individual’
Availability of ABWOR to a ‘non-deemed relevant person’ under the 2011 Act
The effective participation test
When fresh grants or applications for ABWOR are required for 2011 Act proceedings
When fresh grants of advice and assistance (not ABWOR) are required in 2011 Act Proceedings
Examples of when you should make a fresh grant or application for ABWOR or where an increase request is sufficient for the next hearing in 2011 Act proceedings
Children's Legal Aid
Table of fees
Legal Aid for Children’s Proceedings
General scope of children’s legal aid for 2011 Act Cases
Children’s Hearings (Scotland) Act 2011
Availability of children’s legal aid
Online declaration/your client’s declaration
Other proceedings for which children’s legal aid is NOT available
Exclusion Orders – S76 to 80 of the Children (Scotland) Act 1995
Distinct proceedings for legal aid purposes
Sheriff Court Applications for children’s legal aid
General – applications to us
2011 Act cases concerning multiple children: multiple applications by Relevant Persons or other adult individuals not required
Application directly by a child for children’s legal aid for 2011 Act children’s court proceedings
2011 Act Applications for children’s legal aid on behalf of a child
2011 Act applications for children’s legal aid by a Safeguarder
Applications for children’s legal aid by a curator ad litem
Statutory criteria for legal aid for sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011 where your client is a child
Statutory criteria for legal aid for sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011 where your client is a relevant person or deemed relevant person
Statutory criteria for legal aid for sheriff court appeal proceedings relating to deemed or undeemed relevant person status
Statutory criteria for legal aid for sheriff court appeal proceedings under the Children’s Hearings (Scotland) Act 2011 where a client is a section 126 individual
Other rights and facilities
Supporting information you should send with application for children’s legal aid for sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011
Conditions on grants of legal aid
Review of refusal of legal aid or conditions on the grant of legal aid
Financial Assessment
Financial conditions
Period of computation
Resource of partners
How we calculate income
How we assess capital
Undue Hardship
Contributions
Special circumstances which may affect financial assessment
2011 Act appeals to the Sheriff Appeal Court and Court of Session
General – applications to us
Multiple applications not required
Application directly by a child
Application made by a representative (other than you as the child’s solicitor) on behalf of a child
Application by a safeguarder
Application by a curator ad litem for 2011 and 2019 Act appeals to the Sheriff Appeal Court or Court of Session
Statutory criteria for legal aid for appeals under the 2011 Act to the Sheriff Appeal Court and Court of Session where your client is a child
Statutory criteria for legal aid for 2011 Act appeals to the Sheriff Appeal Court and Court of Session where your client is a relevant person/deemed relevant person
Statutory criteria for legal aid for appeals under the 2011 Act to the Sheriff Appeal Court and Court of Session where your client is seeking deemed relevant person status or has been undeemed relevant
Statutory criteria for legal aid for 2011 Act appeals to the Sheriff Appeal Court and Court of Session where your client is a section 126 individual
Other rights and facilities
Supporting information you should send with the application for an appeal under the 2011 Act
2011 Act appeals from the Sheriff Appeal Court to the Court of Session
Representations from the Children’s Reporter (or other party) in a 2011 Act appeal
2011 Act appeals raised by the children’s Reporter
Grants of legal aid subject to conditions
Review of refusal of legal aid or conditions attached to grant of legal aid
No payment can be claimed after successful appeal after refusal of legal aid
Legal aid cover where there is a successful 2011 Act appeal and a remit to the sheriff court for disposal
Special Urgency for proceedings under the 2011 and 2019 Acts
Special Urgency cover for steps in 2011 Act court proceedings before a decision is made on a legal aid application
The Declaration
Guidance on applying for special urgency cover under the 2011 Act and the 2019 Act
Availability of special urgency cover after full legal aid is refused
Sanction applications before a grant of full legal aid is made
Status of your client
Legal aid application must be submitted within 28 days of commencement of urgent work
Extent of a grant of special urgency
What happens if your client does not comply with our requests for information?
Procedures after legal aid is granted
What work requires prior sanction from us?
General guidance on sanction for counsel
Applying for sanction for counsel
Factors that may justify the employment of junior counsel
Sanction for senior counsel acting alone or with junior counsel in children’s court proceedings
Instructing a solicitor advocate instead of an advocate
What work will sanction for counsel cover?
When you need sanction to employ an expert
Applying for sanction to employ an expert
Selecting an appropriate expert
Prior approval required for experts and limitations on their costs
Sanction for unusual expenditure or work likely to involve unusually large expenditure
What information should be provided in support of an application for sanction for unusual expenditure or work likely to involve unusually large expenditure?
Sanction for unusual work or work likely to incur unusually large expenditure – special measures for child witnesses and vulnerable adult witnesses
Taking precognitions in children’s hearings proof proceedings and disclosure of evidence by the Reporter
Viewing a Joint Investigative Interview (JII)
Reconsideration of sanction refusals or part grants
Changes of nominated solicitor and withdrawing from acting
High cost or complex cases
High cost and complex cases
Dedicated staff members in high cost/complex cases
When we may contact SCRA and other parties regarding high cost and complex cases
Case management meetings between us and a party or parties in a high cost/complex case
Changes in circumstances and withdrawal of legal aid
Duty to report change of circumstances
Duty to report abuse of legal aid
Our power to amend assessment
Suspension of legal aid
Termination of legal aid on change of circumstances
Termination of children’s legal aid other than on change of circumstances
Termination of legal aid in cases of false or incomplete information
Age of Criminal Responsibility (Scotland) Act 2019 Part 4
Proceedings under Part 4 Age of Criminal Responsibility (Scotland) Act 2019
Children's Duty Scheme
Table of fees
PVG registration requirements
PVG registration requirement for the children’s duty scheme
How to PVG register for the first time
How to update your current PVG registration
Duty Scheme and Recommendation Requests
The Children’s Duty Scheme and Automatic Legal Aid
Operation of duty scheme under the 2011 Act
The children’s duty scheme and providing automatic legal aid under the 2011 Act
When your appointment as duty solicitor ceases
Claims for payment for the provision of automatic legal aid by the duty solicitor
Recommendation requests under the Children’s Hearings (Scotland) Act 2011 – Rule 50 and 61
Legal aid for contempt of court proceedings
Children’s: General scope of legal aid in contempt of court proceedings
Children’s: Who can provide legal aid for contempt of court? Legal aid registration requirements
Children’s: Availability of legal aid for contempt of court proceedings
Children’s: Contempt proceedings at first instance: power of the court to assign you or counsel
Children’s: Legal aid in contempt proceedings at first instance: applying to the court and eligibility criteria
Children’s: Legal aid in contempt appeals: applications to us and tests applied
Children’s: Contempt of court: refusals of legal aid
Children’s: Sanction in contempt of court cases
Children’s: Termination of legal aid in contempt cases: application of Regulation 8 and implications
Children's Accounts
Table of fees
Interim claims of fees and outlays
Eligibility for interim reimbursement of fees and outlays
Procedure for seeking payment of interim outlays / fees
Introduction to children’s legal aid fees
Introduction to Children’s accounts legislation
Basis on which we assess requests for payment of children’s fees and outlays: the standard of taxation
Tables of fees available for children’s legal aid
What information should you supply with your children’s legal aid account?
Who may undertake work under a grant of children's legal aid?
Understanding what is properly chargeable in accounts: who can undertake work under a grant of children’s legal aid
Submission of accounts
Preparation of account expenses
Timely submission of account of expenses
Essential information to include in an account
Account entries – narrative
Related or linked accounts
Supporting documentation to submit with an account
Detailed fees
What supporting information will be needed to justify fees charged
Detailed fees for automatic children’s legal aid
Sheriff Court (excluding automatic legal aid and ABWOR)
Court of Session
Uplift in Fees not available
Commencement of chargeable work
Charges for attending court
Charging for meetings and consultations
Perusal charges
Charges for preparation and research
Charges for telephone calls
Charges for affidavits and precognitions
Charges for framing documents
Charges for citations, letters and electronic communication
Charges for miscellaneous work
Travel
Fees chargeable for travel
The Account (outlays)
Including outlays within your account
Travel outlays
General guidance on witness expenses applicable to all witness types
Outlays for expert witnesses cited to attend court
Outlays for professional witnesses cited to attend court
Outlays for ordinary witnesses cited to attend court
Fees payable to Sheriff officers and Messengers at arms
Counsels fees
Interpreting and translating
Legal aid accounts: payment for interpreters
Payment for translation services
Pro-forma invoice for interpreter or translator fees
Interpreter attendance at police stations
Practice notes
Practice Note No 2, 2018: Children’s referrals
Practice Note No. 1, 2018: Children’s Referrals Under The Children’s Hearings (Scotland) Act 2011
Children (Scotland) Act 1995
Applications for children’s legal aid for an application to the sheriff for a review of a finding under section 85 of the Children (Scotland) Act 1995 and onward appeals to the SAC and COS
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