Criminal time saving tips

These tips on how and when to submit ABWOR applications in Summary Case Management (SCM) cases are to help you avoid any issues and ensure that these can be approved as quickly as possible.

Custody cases

Summary ABWOR can be used in the new Summary Case Management (SCM) process for Case Management Hearings.

Timing: you should admit the client to ABWOR at the initial stages and not wait until a guilty plea is tendered.

Eligibility: the same eligibility tests and provisions must be met as before.

In custody cases, this means:

• there must be a prior professional relationship with the client, out with the particular case. Seeing the client at the police station before the court appearance does not satisfy this provision
• you must have taken direct instructions from the client about the case
• you must be available to represent the client at the first hearing or delegate this attendance to another solicitor
• the client must be financially eligible under the A&A Keycard financial test.

Applying: when submitting the ABWOR applications to us, you must:

• ensure the Appointed Solicitor criteria are met. ABWOR is not available for Case Management Hearings in custody cases, where the appointed solicitor criteria is not met. If the complaint contains multiple charges covering different dates, the most recent offence date should be entered onto the application
• explain any gaps between the date of the offence and the commencement of the proceedings and/or date of grant. Unexplained gaps in custody cases prevent us from approving applications without requesting further information
• use the additional information question on the declaration tab to advise us of any relevant information regarding the history of the case.

Non-custody cases

As with custody cases, Summary ABWOR can be used for the Case Management Hearings.

Timing: You should admit the client to ABWOR at the initial stages and not wait until a guilty plea is tendered.

Eligibility: the same eligibility tests and provisions must be met as before.

In non-custody cases, this means:

• there is no prior relationship needed with the client
• you must be available to represent the client at the first hearing or delegate this attendance to another solicitor
• the client must be financially eligible under the A&A “Keycard” financial test.

Applying: when submitting the ABWOR applications to us, you must provide us with a detailed history of the case, particularly in cases where the initial appearance was from custody and ABWOR is being granted at a later date. This information should be provided at the additional information question on the declaration tab.

Cases where a Not Guilty plea is subsequently tendered after the Case Management process

If a client does plead Not Guilty after the Case Management Hearings and process, then an application for summary criminal legal aid is still required at that stage.

The earlier grant of ABWOR cannot be used to cover the trial.

You can only claim the add on fees after the first 30 minutes of the trial under summary legal aid.

The new single system process which is expected to come into force at the end of the year will remove this duplication, but it is still needed in the meantime.

Clients not eligible for ABWOR

As part of the SCM process, it was agreed that the 'Notional Trial Diet' workaround could be used for clients who are not eligible to receive ABWOR, either:

• on the financial eligibility test
• or if any of the other provisions, such as the Appointed Solicitor requirements cannot be met.

The different financial eligibility tests for Criminal ABWOR (Keycard) and Summary Criminal (undue hardship) mean that there will be a small number of clients who would not qualify for ABWOR (or would qualify with a contribution), but would qualify for Summary Criminal Legal Aid, which has no client contributions:

• in SCM cases, where the defence indicates that the client does not qualify for ABWOR, either on financial grounds or where the ABWOR criteria are not met, a plea of not guilty can be tendered
• rather than set an intermediate diet and trial diet, a Notional Trial Diet will be fixed. Witnesses will not be cited at this stage but this allows you to submit an application for summary criminal legal aid to us, with proof of the applicant’s income and household outgoings, where appropriate, to confirm eligibility. At the Notional Trial Diet, the case will follow the same process as a case which has been CWP to a Case Management Hearing.

This process can also be used where ABWOR cannot be granted for any other reason, for example, in a custody case, there is no prior relationship with the client to satisfy the Appointed Solicitor criteria or where you were instructed as duty solicitor and do not meet the Appointed Solicitor criteria.

More information

You can get more information on using Criminal ABWOR in summary procedure cases in our full legal aid guidance.

Contact details

For more assistance, please contact:

• Kingsley Thomas – Head of Criminal Legal Assistance; Email thomaski@slab.org.uk
• Laura Davies - Team Leader; Email daviesla@slab.org.uk
• Carol Moffat - Team Leader; Email moffatca@slab.org.uk
• Claire Dick - Team Leader; Email dickcl@slab.org.uk

Short video explaining why we set up the quick guide:

 

For full information: see legal aid guidance Translating and interpreting.

General principles

A&A/ABWOR: When you instruct an interpreter or translations under advice and assistance or ABWOR, you need to have an increase approved by us in advance to cover the cost of the proposed work.

Legal aid: When you instruct an interpreter or translation costs under legal aid, most of the time you don’t need our prior approval. You only need approval in advance if the cost is to exceed £2,000, or the translation or interpreting could be viewed as unusual work.

Rates: However, you need to make sure this work is being carried out at our published rates.

Find an interpreter

To assist in securing interpreter and translation services we have developed a Register of providers that will assist you to employ an interpreter and translator at a price that represents value for money and will ensure consistency around pricing for travel, waiting time and other associated charges.

See the Register of translators and interpreter.

Interpreter can’t do the work for our rates?

If the interpreter carrying out the work can’t do the job at our published rates, then you can apply to us for a Letter of Comfort. You need this confirmed in advance before you employ an interpreter who charges a higher rate.

Tips to help you avoid issues at the accounts stage

• make sure you tell your supplier that the case is funded by legal aid
• set out the hourly rate you are expecting to pay, and the limit of any authorised expenditure for the work
• tell the supplier to contact you before work commences if they are unable to comply with the limits given
• if you need us to agree to a higher rate, email us on accounts@slab.org.uk, before you instruct the work, and we will contact you to find a solution
• check and sign the interpreter/translator’s invoice or send notification confirming invoice is accurate.

Any questions?

If you have any questions about the accounts process and the database contact support.accounts@slab.org.uk.

If you have questions about whether prior approval is needed contact criminalspecialists@slab.org.uk.