Access to justice Flashcards
What controls the Legal Aid Agency?
The Ministry of Justice
What created the Legal Aid Agency?
LASPO 2012
LASPO 2012
Legal aid, Sentencing and Punishment of Offenders Act 2012
LAA role
- Ensure legal aid is available to the public
- Run Public Defender Service (criminal defence)
- Fund Civil Legal Advice service (CLA)
What does the LAA control?
Government funding for legal aid
What provides civil legal aid?
Civil Legal Advice service (CLA)
What controls government funding for legal aid?
Legal Aid Agency (LAA)
What must someone pass to be eligible for government civil legal aid?
- means test
- merits test
What does a means test assess?
C’s income and capital, and that of their partner
Assesses C’s income and capital, and that of their partner
Means test
What does a merits test evaluate?
The reason for the claim and its chance of success
Evaluates the reason for the claim and its chance of success
Merits test
Civil legal aid is only available for cases stated in what?
Schedule 1 of LASPO 2012
Schedule 1 of LASPO 2012
Only cases eligible for civil legal aid
Examples of cases under Schedule 1 of LASPO 2012
Cases involving children or asylum seekers
What can those who qualify for civil legal aid recieve?
- mediation
- legal advice
- representation
What can a person do if they are unable to secure free or cheap legal aid?
Conditional Fee Agreement (CFA)
What is a CFA?
An agreement between a claimant and solicitor where solicitors agree to act on a ‘no win, no fee’ basis
What does the LAA have that enables them to provide legal services to offenders?
Contracts with external firms
S.13 LASPO 2012
Legal aid for advice must be provided for a suspect in police custody who has requested legal advice
Legal aid for advice must be provided for a suspect in police custody who has requested legal advice
S.13 LASPO 2012
How long can police hold a suspect?
48 hours
What must police do after 48 hours of holding a suspect?
Charge D or let them go
What must D pass to qualify for criminal legal aid?
- means test
- ‘interests of justice’ test
What automatically qualifies someone for the means test?
If they are in receipt of state benefits
The ‘Interests of Justice’ test considers what?
- previous convictions
- Widgery criteria
What does the Widgery criteria assess?
The effects of the possible consequences on their personal circumstances
Examples of the effects of the possible consequences on personal circumstances
- loss of liberty
- damage to reputation
- loss of livelihood
Legal Aid is more likely to be provided in what circumstances?
More serious charges and consequences
Lord Chancellor’s guidance, S.4 of LASPO 2012
If a conditional fee agreement can be obtained, they will not be given legal aid
If a conditional fee agreement can be obtained, they will not be given legal aid
Lord Chancellor’s guidance, S.4 of LASPO 2012
Considers previous convictions and Widgery criteria
‘Interests of Justice’ test
Disadvantages of CFA
- 75% chance of winning to be eligible
- Must pay for insurance in case you lose the case
- Solicitors will negotiate the highest success fee, which a C must accept if they have limited options
- Success fee is deducted from compensation. Many feel that they were not awarded what they deserved. Immoral and unjust. Exploit disadvantages and the situations of others for profit
Other sources of legal help
- Private funding
- Trade union
- Charities
- Insurance companies
- Free Representation Unit
- Citizens Advice Bureau
If someone is unable to secure a CFA or civil legal aid, what must they do?
Become a litigant in person
Disadvantage of being a litigant in person
Delays. Judge must explain the law to them and how to act in court
Advantages of other sources of legal aid
- Some are more knowledgeable in areas of law such as housing and employment
- with private funding, a success fee will not be deducted from the award like CFAs
Disadvantages of other sources of legal aid
- Private funding is expensive. Lawyers are unable to give an estimate of their legal fees at the start of the case, and if they lose the case they will have to pay the other party’s fees in addition to their own
- The opposing party may use private funding and can sometimes afford better, more experienced lawyers
Citizens Advice Bureau
- charity
- have arrangements with local solicitors to obtain cheap services
- lower claim fees
What cases are CFAs mostly used for?
- Negligence
- personal injury
Where can private funding be obtained from?
- loans
- friends/relatives
- savings
