Access to Justice Flashcards
Access to Justice
<span>problematic due to large costs associated with civil claims; important in criminal cases that where ones liberty is at stake one can represent them</span>
<b>Legal Aid</b>
under control of <u>Ministry of Justice</u> following <u>LASPO 2012</u>
available where the <em>case is serious; & cannot afford legal fees; & case is eligible</em>
no longer applies to medical negligence, trespass to person, land or property
<b>Means Tested</b>
persons ability to pay is means tested; includes <em>both income and property</em> so people who own home are not eligible even though may not have any money
<b>Advice Deserts</b>
no publicly funded legal services available for citizens; low rates of pay to legal service providers; many find continuing in practice is not <em>economically viable</em>
</span>
Legal Aid in Criminal Cases
<span>1. In Custody - s13 LASPO 2013
2. In Legal Proceedings - s15 LASPO 2013</span>
In deciding whether one is qualified for LA the Head of Criminal Casework will consider:
<span>a. if they are likely to lose their liberty or loss of reputation
b. if individual able to understand or present case on own
c. if proceedings concern an important question of law</span>
These services only provided by contracted organisations with <u>Legal Aid Agency</u>; these include Law Centres, Solicitors in Private Practice & some Citizens Advice Bureau</span>
Interests of Justice Test
<span>five factors considered:</span>
- Is D likely to lose their liberty or livelihood or suffer serious damage to reputation if case is against them?
- Does case involve the consideration of a general point of law?
- Is D unable to understand proceedings or unable to state case?
- Does case involve tracing, interviewing or expert cross-examination of witnesses?
- Is it in the interests of another person that D be represented? (e.g. rape)</span>
Financial Eligibility
<span>To decide if eligible for LA, LAA will consider GROSS ANNUAL INCOME including salaries of claimant & partner, benefits & pension entitlements</span>
If claimants income more than £22,325; unlikely they will recieve any legal aid
If below £22,325; LAA will consider claimants outgoings such as rent & childcare to decide how much assistance should be recieved</span>
Magistrates Courts Means Testing
<span>Defendants under 16 or 18 in full-time education automatically qualify for legal aid</span>
Simple means test on gross annual income applied; if D earns more than £22,325 they will not qualify for LA.
If D earns between <u>£12,475 & £22,325</u>; LAA will carry out detailed assessment of outgoings to decide if D is eligible for legal aid - this includes assessing D’s <em>disposable income</em>: if this is more than <u>£3398 annually,</u> D will not qualify for LA</span>
Crown Court Means Testing
<span>Everybody earning below £12,475 is eligible for free legal aid</span>
People who earn <u>more than £12,475</u> but less than <u>£37,500 of disposable income</u> annually will <em>recieve legal aid but must contribute to the costs</em>; if D found not guilty <em>contributions refunded,</em> but if D found guilty they may be <em>asked to pay additional contributions</em>
Those who have disposable income of £37,500+ per year will not qualify for legal aid & must pay privately for legal representation</span>
Citizens Advice Bureau
<span>Charity organisation associated with social welfare and debt problems but can advise on legal issues</span>
If problems require further action they can contact the appropriate agencies or solicitors to help
Most CAB centres work with a firm of solicitors who offer advice on a PRO BONO basis to clients</span>
Law Centres
<span>Offer <em>free, non-means tested legal advice</em> to people in their area; usually found in larger cities</span>
Aim to provide legal advice in areas where access to legal system is limited and specialise in <em>social welfare issues</em>
Funding is an issue as law centres are historically funded by <u>Ministry of Justice & Legal Aid</u> which has faced many <em>heavy cuts in recent years</em></span>
Schemes run by Lawyers
<span>Some solicitors offer <em>free or fixed-fee initial interviews</em> - Local Citizens Advice Bureau will have a list of solicitors who offer this</span>
Bar runs the <u>Free Representation Unit</u> (FRU) where barristers give their spare time free of charge to represent clients
Anyone held as suspect at police station has a <b>statutory duty right to free legal advice</b>; protected under <u>Article 5 of Human Rights Act 1998</u> - this initial advice is by a duty solicitor with legal advice available 24 hours a day</span>
Legal Aid in Criminal Cases
<span>1. In Custody - s13 LASPO 2013
2. In Legal Proceedings - s15 LASPO 2013</span>
In deciding whether one is qualified for LA the Head of Criminal Casework will consider:
<span>a. if they are likely to lose their liberty or loss of reputation
b. if individual able to understand or present case on own
c. if proceedings concern an important question of law</span>
These services only provided by contracted organisations with <u>Legal Aid Agency</u>; these include Law Centres, Solicitors in Private Practice & some Citizens Advice Bureau</span>
Private funding
Anyone who can afford to pay for a solicitor and/or a barrister to advise them or deal with a legal matter. This may prove very costly, however, with average hourly cost outside London for a solicitor being £150.
