ABWOR can cover written submissions as COVID measure
Solicitors can now claim payment under the ABWOR (assistance by way of representation) regulations without a case physical calling in court, the Scottish Legal Aid Board has confirmed.
Guidance has been issued by the Scottish Government allowing SLAB to interpret the definition of ABWOR and the term "diet" in reg 6 of the 2003 ABWOR regulations to include representation by way of written exchanges, for the duration of the COVID-19 restrictions only.
Solicitors will now be able to grant ABWOR for eligible clients in cases where they will not attend a physical calling of the case to represent their client.
In its latest update covering the COVID-19 emergency, SLAB also confirmed that it is working with the Government to identify restrictions in regulations which might be perceived as a barrier to observing public health guidance; that the Government is considering allowing delegation of guilty pleas under appointed solicitor ABWOR to the solicitor who is on duty in the custody court; and that consideration is also being given to removing the half fee restriction where a solicitor with a pre-existing relationship with the client instructs the duty solicitor to tender a plea of not guilty on an agency basis.