ACCESS TO JUSTICE Flashcards
Who set up the legal aid agency?
The Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO)
What is Legal aid not available for?
- Give the exceptions
- state what it’s no longer available for
-Legal aid is not available for civil cases unless it it is a category specifically mentioned in the Act or other categories such as:
-issues involving children’s rights
-those involving the liberty of an individual
- and cases being heard at mental health tribunals
-IT NO LONGER INVOLVES:
-legal aid being available for breach of contract
- or claims in tort
Where does the funding from legal Aid come from?
The government’s budget.
—> this means that a set amount is made available each year
State the law of Government funding in civil cases in full
-Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which set up the legal aid agency, legal aid is not available for civil cases unless it is a category specifically mentioned in the Act or other categories such as:
-issues involving children’s rights
-those involving liberty of individual
-cases being heard at Mental Health Tribunals.
-It no longer includes legal aid being available for breach of contract or claims in tort.
-The funding from legal aid comes from the governments budget.
This means that a set amount is available each year
What Civil Legal Aid services are available?
(If Q specifically asks for this, include the act (LASPO))
-The government-funded Legal Aid Agency provides various advice schemes (civil legal aid services) for civil cases (if it is a category specifically mentioned in the Act or other categories such as issues involving children’s rights).
-This includes:
- contracts with law firms - under these contracts they can give free advice to people.
-When the cuts to legal aid were proposed, the government suggested that advice agencies will be able to fill the gap.
What does this include?
-When the cuts to legal aid were proposed, the government suggested that advice agencies will be able to fill the gap.
This includes:
-Help lines- it is possible to get telephone help from the Civil Legal Advice (CLA) which is a government funded scheme for providing advice in civil cases and they will help with problems such as:
-debt
-housing
-family issues
-and discrimination.
-From July 2015-2016, neatly 160,000 people rang the CLA telephone service.
If the Question is specifically on legal aid services for civil cases, what else should you include?
-info about other advice agencies
-(see handout)
In order to qualify for civil legal aid, what needs to be met?
However, to qualify for civil legal aid, set criteria needs to be met
-and there is a means test I access civil legal aid services (the government can’t afford to make legal aid available for everyone)
Who qualifies the criteria for government funding for civil cases:
-Set criteria needs to be met and there is a means test in order to access civil legal aid services.
What is the set criteria for civil legal aid services:
-Under LASPO, THE LORD CHANCELLOR HAS THE POWER TO SET CRITERIA FOR MAKING CIVIL LEGAL AID SERVICES AVAILABLE
and it also sets out the factors the Lord chancellor must consider when setting the criteria.
Set Criteria for Civil Legal Aid services:
Give the factors and section:
-These factors are set out in:
Section (S.) 10(3) of the Act and include factors such as:
- The likely cost of providing the services and the benefit which may be obtained by them.
-The availability of resources to provide the services
-The availability of ADR
-The public interest
In order to qualify for civil legal aid services, applying for government funded or representation what must they show?
In order to qualify for civil legal aid services, a person applying for government-funded advice or representation must show that he does not have enough money to pay for his own lawyer.
Which category is the means test not applicable for?
-categories like mental health tribunals
(MEANS TEST- CIVIL LEGAL AID SERVICES)
Who automatically qualifies for civil legal aid services?
People receiving Income Support or Income-based Job Seekers’ Allowance automatically qualify.
(assuming their disposable capital (this is the assets of the person, such as money in a bank or savings account, stocks and shares etc) is below the set level).
