Access to justice

Question 1

What controls the Legal Aid Agency?

Answer 1

The Ministry of Justice

Question 2

What created the Legal Aid Agency?

Answer 2

LASPO 2012

Question 2

LASPO 2012

Answer 2

Legal aid, Sentencing and Punishment of Offenders Act 2012

Question 2

LAA role

Answer 2

• Ensure legal aid is available to the public
• Run Public Defender Service (criminal defence)
• Fund Civil Legal Advice service (CLA)

Question 3

What does the LAA control?

Answer 3

Government funding for legal aid

Question 4

What provides civil legal aid?

Answer 4

Civil Legal Advice service (CLA)

Question 5

What controls government funding for legal aid?

Answer 5

Legal Aid Agency (LAA)

Question 6

What must someone pass to be eligible for government civil legal aid?

Answer 6

• means test
• merits test

Question 7

What does a means test assess?

Answer 7

C’s income and capital, and that of their partner

Question 8

Assesses C’s income and capital, and that of their partner

Answer 8

Means test

Question 9

What does a merits test evaluate?

Answer 9

The reason for the claim and its chance of success

Question 10

Evaluates the reason for the claim and its chance of success

Answer 10

Merits test

Question 11

Civil legal aid is only available for cases stated in what?

Answer 11

Schedule 1 of LASPO 2012

Question 12

Schedule 1 of LASPO 2012

Answer 12

Only cases eligible for civil legal aid

Question 13

Examples of cases under Schedule 1 of LASPO 2012

Answer 13

Cases involving children or asylum seekers

Question 14

What can those who qualify for civil legal aid recieve?

Answer 14

• mediation
• legal advice
• representation

Question 15

What can a person do if they are unable to secure free or cheap legal aid?

Answer 15

Conditional Fee Agreement (CFA)

Question 16

What is a CFA?

Answer 16

An agreement between a claimant and solicitor where solicitors agree to act on a ‘no win, no fee’ basis

Question 17

What does the LAA have that enables them to provide legal services to offenders?

Answer 17

Contracts with external firms

Question 18

S.13 LASPO 2012

Answer 18

Legal aid for advice must be provided for a suspect in police custody who has requested legal advice

Question 19

Legal aid for advice must be provided for a suspect in police custody who has requested legal advice

Answer 19

S.13 LASPO 2012

Question 20

How long can police hold a suspect?

Answer 20

48 hours

Question 21

What must police do after 48 hours of holding a suspect?

Answer 21

Charge D or let them go

Question 22

What must D pass to qualify for criminal legal aid?

Answer 22

• means test
• ‘interests of justice’ test

Question 23

What automatically qualifies someone for the means test?

Answer 23

If they are in receipt of state benefits

Question 24

The 'Interests of Justice' test considers what?

Answer 24

- previous convictions - Widgery criteria

Question 25

What does the Widgery criteria assess?

Answer 25

The effects of the possible consequences on their personal circumstances

Question 26

Examples of the effects of the possible consequences on personal circumstances

Answer 26

- loss of liberty - damage to reputation - loss of livelihood

Question 27

Legal Aid is more likely to be provided in what circumstances?

Answer 27

More serious charges and consequences

Question 28

Lord Chancellor's guidance, S.4 of LASPO 2012

Answer 28

If a conditional fee agreement can be obtained, they will not be given legal aid

Question 29

If a conditional fee agreement can be obtained, they will not be given legal aid

Answer 29

Lord Chancellor's guidance, S.4 of LASPO 2012

Question 30

Considers previous convictions and Widgery criteria

Answer 30

'Interests of Justice' test

Question 31

Disadvantages of CFA

Answer 31

- 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

Question 32

Other sources of legal help

Answer 32

- Private funding - Trade union - Charities - Insurance companies - Free Representation Unit - Citizens Advice Bureau

Question 33

If someone is unable to secure a CFA or civil legal aid, what must they do?

Answer 33

Become a litigant in person

Question 34

Disadvantage of being a litigant in person

Answer 34

Delays. Judge must explain the law to them and how to act in court

Question 35

Advantages of other sources of legal aid

Answer 35

- 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

Question 36

Disadvantages of other sources of legal aid

Answer 36

- 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

Question 37

Citizens Advice Bureau

Answer 37

- charity - have arrangements with local solicitors to obtain cheap services - lower claim fees

Question 38

What cases are CFAs mostly used for?

Answer 38

- Negligence - personal injury

Question 39

Where can private funding be obtained from?

Answer 39

- loans - friends/relatives - savings