17-Access to justice and funding Flashcards
Sources of legal advice?
1) Help lines
- Civil Legal Advice
2) Citizen’s Advice Bureaux
3) Law Centres
4) Trade Unions
- Unite (the biggest Union)
5) Schemes run by lawyers
- Bar Pro Bono Unit
What is the level of advice available in criminal cases?
Everyone held at a police station has the right to free legal advice.
Private funding of cases?
1) Own resources
2) Insurance
3) Conditional Fee Agreements-No Win, No Fee
1 circumstance where public funding in civil cases occurs.
2 where it doesn’t.
1) Availability of legal aid-generally none except in certain cases like Mental Health Tribunal
2) Not for breach of contract
3) Not for tort
Explain means testing in civil cases (how its decided who gets public funding in civil cases)
1) People on certain benefits automatically qualify
2) People below a certain income
3) Personal contributions increase relative to income after this threshold.
4) People with savings in excess £8k not entitled unless they expend it during the proceedings
What organisation deals with public funding in criminal cases?
Legal Aid Agency
Legal Aid Agency
What does this organisation do?
Deals with publicly funded criminal cases.
What is the ‘interests of justice test’?
The means testing process for deciding if someone is entitled to public funding in a criminal case.
The means testing process for deciding if someone is entitled to public funding in a criminal case.
What is this a definition of?
The ‘interests of justice test’.
Interests of justice test?
For criminal cases
1) Likely to lose liberty, livelihood or reputation
2) Case involved a point of law
3) D can’t understand proceedings or state own case
4) Case may involve cross examination of witnesses
5) Interest of another party for D to be represented (rape cases)
1) Likely to lose liberty, livelihood or reputation
2) Case involved a point of law
3) D can’t understand proceedings or state own case
4) Case may involve cross examination of witnesses
5) Interest of another party for D to be represented (rape cases)
What are all these points a part of?
The ‘interests of justice’ test for public funding for criminal cases.
Means testing in the Magistrates’ Court
1) Must pass the ‘interests of justice test’
2) In or out scheme (no variable contribution)
Which court has an ‘in or out’ scheme regarding public funding for criminal cases?
Magistrates’ Court
Who is automatically entitled to public funding in criminal cases in the Magistrates’ Court?
1) Income support
2) 16 or younger
3) 18 or younger and in full time education
What is unique about Crown Court means testing for public funding for criminal cases?
No upper limit on income-meaning contribution rises as the users income increases.
