Access To Justice Flashcards
Key statue for government funding
LAPSO
The main role of Lapso
Responsible for both criminal and civil aid
Makes sure legal aid available
Fund public defender service
Schemes legal aid
Solicitors can access funding when give advice and take on cases
Negotiate contracts with solicitor firms
Must bid for a contract to get funds
Government funding in criminal cases
LAPSO
Help at arrest/in custody
advice in person or phone
24 hours a day
Free to all advice
Extra w criminal cases
Director supervises criminal legal aid
Agency makes contracts with law firms
Ensures legal aid and services are available
Help at court hearings
Means test
For mc representation
For crown court
Merits test
Means test
Based on income and partners income.
If receive benefits automatically pass
For Mc Representation
Under 16 or 18
Below annual income limit
For Crown Ct
Most receive but may have to contribute if high income
merits test
Focuses on intrest of justice threat
for the merits test what does the case have to be?
A threat
Individual unable to understand
Be in the interests of another person
Role of duty solicitor
Run by local contract solicitors with the police
Able to attend at police station to represent and give advice
Solicitor scheme rota means legal expertise can range.
Police representation
Interview to discuss situation prior
Court representation
Represent at first appearance of magistrate
Have to have all the relevant qualifications
Own lawyer
Can pay for own lawyer but expensive
Research necessary for specialised lawyers
Trade unions
Offer free legal advice for work related problems to members
Sometimes offer free legal advice for other problems
Conditional fee covered under
S44 LAPSO
Conditional fee
For all civil cases except family
Solicitor and client agree to a fee after they have won the case
Even if party looses may have after event costs
Insurance Examples
Car Insurance and Home
Insurance
Policies offering insurance against legal costs available before and after claim
Charities and Helpline
Usually deal with civil matters
Often by telephone or website
Some provide face to face
Citizen Advice Bureau
Exist in most towns
Provide general free advice on a variety of issues
Provide information on local solicitors
Law centres
Free access to solicitors across England who cant afford one
Bar pro unit
Free funding for cases deemed worth funding for free.
Other forms of civil access to justice
Universities
Shelters
Gingerbread- Family issues
