Access to justice

Question 1

What is access to justice

Answer 1

The ability of any person, regardless of income, to use the legal system to advocate for themselves and their interests

Question 2

What does access to justice involve

Answer 2

An open system of justice and being able to fund the cost of a case

Question 3

What are some source of legal advice

Answer 3

Help line, citizens advice, law centres, trade unions and schemes run by lawyers

Question 4

What are some methos of funding a case

Answer 4

Pay it yourself, insurance, legal aid and a conditional fee

Question 5

What is legal aid

Answer 5

Government funding available for criminal or civil cases

Question 6

Legal aid is under the control of the ministry of justice following what act

Answer 6

Legal aid, sentencing and punishment of offenders act 2021 (LASPO)

Question 7

Legal aid is only available if…

Answer 7

the case is serious, the person cannot afford legal fees and is eligible

Question 8

When is legal aid available in civil cases

Answer 8

Not available unless the category mentioned it in the act or regulations such as children’s rights, debts…

Question 9

What does means tested mean

Answer 9

Considers the clients financial position based off of household income, outgoings and seeing what their capital and equity is

Question 10

What does S13 LASPO state

Answer 10

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’

Question 11

What are the 5 factors considered in the ‘interests of justice’ test

Answer 11

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?

Question 12

What does S15 of of LASPO state

Answer 12

advice and assistance given before, during and after legal proceedings will be given to those how qualify

Question 13

When considering whether an individual qualified for legal aid under S15 LASPO, what must the head of criminal casework consider

Answer 13

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

Question 14

What are justice tests

Answer 14

Factors considered when deciding if D will get the legal aid

Question 15

When will you be given legal aid in a magistrates court

Answer 15

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

Question 16

When will you be given legal aid in crown court

Answer 16

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

Question 17

If you contribute to your legal funds and you are found not guilty what happens

Answer 17

Your contributions are refunded to you

Question 18

If you contribute to your legal founds and are found guilty what may happen

Answer 18

May be asked to pay additional contributions

Question 19

What are some problems with legal aid

Answer 19

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

Question 20

When in a civil case, what will the legal aid agency consider when seeing if legal aid is available

Answer 20

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

Question 21

Who will automatically get legal aid in civil cases

Answer 21

People seeking benefits

Question 22

Who will not be eligible for legal aid in civil cases

Answer 22

People who have a gross monthly income over £2,657 or disposable income over £733

Question 23

What are the 3 types of private funding

Answer 23

Pay privately, conditional fee agreement and insurance

Question 24

What is paying privately

Answer 24

Solicitors can charge from £150 to £1000 an hour which the client will pay

Question 25

What is a conditional fee agreement

Answer 25

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

Question 26

When is a conditional fee agreement available

Answer 26

Only in civil cases

Question 27

What is insurance

Answer 27

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)

Question 28

Advantages of access to justice in civil cases

Answer 28

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

Question 29

Disadvantages of access to justice in civil cases

Answer 29

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

Question 30

Advantages of access to justice in criminal cases

Answer 30

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

Question 31

Disadvantages of access to justice in criminal cases

Answer 31

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