1A - CRIMINAL Legal aid

Question 1

What is legal aid?

Answer 1

Legal aid is government help in funding a case.

Question 2

What help is offered to individuals in custody?

Answer 2

Advice and assistance under the Legal Aid Agency in the Ministry of Justice.

Question 3

What government-funded body provides various advice schemes for civil and criminal cases? (And since when?)

Answer 3

Since 2013, Legal aid services have been under the The Legal Aid Agency in the Ministry of Justice.

Question 4

When was legal aid created?

Answer 4

Legal aid was created in 1949, as part of the post-war welfare state.

Question 5

How does legal aid provide advice in criminal cases?

Answer 5

Anyone held as a suspect at a police station has the right to free legal advice.
There is a government-funded duty solicitor scheme available 24/7. - Usually via telephone.

Question 6

In 2016 how many suspects at police stations received advice through legal aid?

Answer 6

Over 650,000.

(Either face-to-face or telephone).

• Telephone is preferred

Question 7

Is legal aid subjected to a means test?

Answer 7

Yes.
However, suspects at a police station can receive free legal advice from a government-funded duty solicitor with no means test.

Question 8

How many people are covered on legal aid?

Answer 8

Legal aid was originally intended to cover 80% of the population (not just the very poorest!)
However, due to cuts, this has been tightened up and now legal aid only covers 1/3 of the population.

Question 9

What do the Legal Aid Agency do to provide legal services to people charged with a criminal offence?

Answer 9

They have contracts with local law firms (mostly solicitors), who can provide legal advice to people in custody for free.
- Duty solicitors are available 24/7 to give assistance.

Question 10

Under which act will initial advice and assistance be available to individuals detained at a police station?

Answer 10

s13 Legal Aid, Sentencing and Punishment of Offenders Act

Question 11

Is there a means test?

Answer 11

There is no means or merits test to help individuals in custody.

Question 12

What does the Director of Legal Aid Casework do?

Answer 12

The Director of Legal Aid Casework supervises all criminal legal aid and determines what aid is offered.

Question 13

What evidence is there that there is an issue with funding?

Answer 13

Due to a lack of money, most suspects are limited to a phone call from a lawyer, rather than physical attendance during an interview.

• austerity and budget cuts

Question 14

Lack of lawyers

Answer 14

There are fewer solicitors taking on this work now.
A significant drop in law firms doing criminal legal aid work. In 1990 there were 5000+ but by 2012 there were fewer than 200.

Question 15

Budget

Answer 15

The budget for legal aid funding is not rising in-line with what it should be.

Quote: “Legal Aid budget is dwarfed by the NHS”.

Question 16

Means test (in court, rather than custody)

Answer 16

In court there is a strict means test for legal aid. Only around 1/3rd of people qualify for legal aid.

More expensive to get a lawyer = risk of injustice.

Question 17

Why do lawyers turn down legal aid work?

Answer 17

It’s a significant drop in their income.

The average legal aid caseworker is on around 20,000 per year.

Question 18

What is the biggest issue that legal aid faces?

Answer 18

The lack of funding being allocated to legal aid.

Question 19

To get representation the defendant has to quality under which tests?

Answer 19

A means test and an “interests of justice” test.

Question 20

Means test in the Magistrates court

Answer 20

Very strict.

Eligible - on income support / under 18 and in full time education
Ineligible - expected to pay for their legal representation privately.

Question 21

What is the “interests of justice” test?

Answer 21

A test which the defendant must fall within at least one of the five “interests in justice”.

E.g. Case will involve a significant point of law.
E.g. Case could lead to defendant losing liberty, livelihood or damage to reputation, if lost.