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Home
For solicitors
Legal aid guidance
Criminal guidance
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
Related Legal Aid Policy and Decision-makers’ Guidance
See our legal aid policy and staff guidance:
Criminal policy statements and Decision-makers' Guidance
For solicitors
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Age of Criminal Responsibility (Scotland) Act 2019 – Part 4 Applications for children’s legal aid for sheriff court and Sheriff Appeal Court proceedings
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