Guidance related to Rule B7.1: Criminal Court Undertaking

Under the Society's arrangements for the Master Policy for Professional Indemnity Insurance firms whose activities are restricted to criminal court work only throughout the practice year are entitled to a discount on their Master Policy premium.

This restriction is very narrowly defined and those who engage in any legal activity outwith what might be truly described as "criminal court work" are not eligible for the discount.  Extradition cases are covered by the criminal court discount under the Master Policy. This discount will also apply to the situation where at a sentencing diet in a criminal case the Crown serves a Prosecutor's Statement for proceeds of crime.

For the avoidance of doubt the Society consider that the following matters are NOT within the acceptable definition of criminal court work for the purposes of the discount. Accordingly those claiming the discount should not act in such matters:

Appearances before a Sheriff at a hearing to establish the facts following a reference from a children's panel - See S v Miller No. 2 2001 SLT 1304.

Representing police officers at a disciplinary hearing.

Representing members of the Armed Forces at Courts Martial.

Appearances at a Fatal Accident Inquiry.

Confiscation Orders in relation to the assets of convicted criminals.

Appearances before a Sheriff in relation to an application for the grant of an Antisocial Behaviour Order (ASBOs) are civil matters. For the avoidance of doubt representing an offender who has been charged with a criminal offence following the breach of an Antisocial Behaviour Order is within the definition of "Criminal Court work".

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