Access to justice Flashcards
What is access to justice
The ability of any person, regardless of income, to use the legal system to advocate for themselves and their interests
What does access to justice involve
An open system of justice and being able to fund the cost of a case
What are some source of legal advice
Help line, citizens advice, law centres, trade unions and schemes run by lawyers
What are some methos of funding a case
Pay it yourself, insurance, legal aid and a conditional fee
What is legal aid
Government funding available for criminal or civil cases
Legal aid is under the control of the ministry of justice following what act
Legal aid, sentencing and punishment of offenders act 2021 (LASPO)
Legal aid is only available if…
the case is serious, the person cannot afford legal fees and is eligible
When is legal aid available in civil cases
Not available unless the category mentioned it in the act or regulations such as children’s rights, debts…
What does means tested mean
Considers the clients financial position based off of household income, outgoings and seeing what their capital and equity is
What does S13 LASPO state
Advice and assistance given initially to someone arrested on the premise that the head of criminal casework deems them qualified under the ‘interests of justice’
What are the 5 factors considered in the ‘interests of justice’ test
Is D likely to lose their liberty or livelihood or suffer serious damage to their reputation, if the case is decided against them? Does the case involve consideration of a point of law? Is D unable to understand the proceedings in the case, or unable to state their own case? Does the case involve the tracing, interviewing or expert cross-examination of witnesses? Is it in the interests of another person that D be represented?
What does S15 of of LASPO state
advice and assistance given before, during and after legal proceedings will be given to those how qualify
When considering whether an individual qualified for legal aid under S15 LASPO, what must the head of criminal casework consider
Will they likely loose their liberty or loss of reputation, whether they will be bale to understand and present their case and whether the proceedings concern an important question of law
What are justice tests
Factors considered when deciding if D will get the legal aid
When will you be given legal aid in a magistrates court
If your under 18 in full time education and if after looking at the D and their partners income if there is more than £22,325 they will not get legal aid, between £12,475 and £22,325 they will get it if their disposable income is less than £3398
When will you be given legal aid in crown court
earn less than £12,475 automatically given it, if have between £12,475 an d £37,500 disposable income you will be expected to contribute and if you have more then £37,500 in disposable income you must pay it all yourself
If you contribute to your legal funds and you are found not guilty what happens
Your contributions are refunded to you
If you contribute to your legal founds and are found guilty what may happen
May be asked to pay additional contributions
What are some problems with legal aid
Those in law who are helping with legal aid are not being paid enough to be able to maintain their job, advice deserts are being created and financial limit keeps being lowered so less people are eligible
When in a civil case, what will the legal aid agency consider when seeing if legal aid is available
The cost of the services and the benefit which may be obtained, the availability of the services, the importance to the individual, the nature and seriousness of the case, the chance of success and the Public Interest
Who will automatically get legal aid in civil cases
People seeking benefits
Who will not be eligible for legal aid in civil cases
People who have a gross monthly income over £2,657 or disposable income over £733
What are the 3 types of private funding
Pay privately, conditional fee agreement and insurance
What is paying privately
Solicitors can charge from £150 to £1000 an hour which the client will pay
What is a conditional fee agreement
No win no fee so you only pay when you have won your case, they will take a percentage of your winning and take that for their work charge
When is a conditional fee agreement available
Only in civil cases
What is insurance
Paid before an event occurs that will cover the damage (before event) or after to cover the costs in case of a loss (after event)
Advantages of access to justice in civil cases
Various options, don’t need to rely on lawyers for legal representation as cheaper advice can come from specialists, state funded available, allow private funding which lets you choose your representation
Disadvantages of access to justice in civil cases
Cost of legal fees, legal aid funding cut, cuts to funding for the lawyers, amount of compensation received is lower due to paying lawyer fees
Advantages of access to justice in criminal cases
Means tested looks at all income and not just what they have on them, future could be affected if not represented properly, having aid before hand allows the police to not break any rules and finally have the right to a fair trial
Disadvantages of access to justice in criminal cases
Legal aid funding cuts, no decrease in crime but there is in the budget, fewer firms providing legal aid services as they are not getting paid and a rise in defendants being not represented in a court
