Access to justice Flashcards
Legal aid is under the control of..
Minisitry of justice
2 tests for legal aid
means testing
merrit testing
explain means test requirements
MONTHLY INCOME UNDER 2657
DISPOSABLE UNDER 700
if between minimum and max they pay some contribution
CAPITAL UNDER 8K UNTIL SPENT ON LEGAL FEES
who can autotmatically qualify for legal aid
those on jobseekers or income allowance
LEGAL AID CAN BE PROVIDED BY
LEGAL AID AGENCY
Advantages of legal aid
allows poorest members of society to recieve legal help>rule of law
contributes to procedural justice>that we all have a fair system of justice as well as fair legal rules
INTERESTS TEST in criminal law for the case for legal aid
- d is likely to lose his liberty
- area of public interest
- D cant understand court proceedings-
- case requires witnesses to be traced
- it is in another persons interest for D to be represented
legal aid requiremetns magistrates
income must be under 22325. if it is below,LAA considers outgoings where deciding how much fee to provide.
if they fail means test in magistrates,they must fund their case privately.
legal aid requiremetns magistrates
income must be under 22325. if it is below,LAA considers outgoings where deciding how much fee to provide.
if they fail means test in magistrates,they must fund their case privately.
legal aid requirements in crown courts
income must be under 37.5k and must privately defend case
if below 37.5k but not low income,they pay a contribution
Disadvantages of legal aid
law cuts forced many out of business.harder to access legal aid agencies as rates paid r so low
LASPO CUT 350MILLION
many cant satisy interests test in criminal cases
private fundng
used where one cannot access free legal aid or with contribution.
-is very expensive,some solicitors charging up to 100 an hour
alternatives to legal aid
citizens advice-advice on issues such as housing
ADR
