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Organisation Of The Legal System > Access to justice > Flashcards

Access to justice Flashcards

1
Q

What controls the Legal Aid Agency?

A

The Ministry of Justice

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2
Q

What created the Legal Aid Agency?

A

LASPO 2012

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2
Q

LASPO 2012

A

Legal aid, Sentencing and Punishment of Offenders Act 2012

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2
Q

LAA role

A
  • Ensure legal aid is available to the public
  • Run Public Defender Service (criminal defence)
  • Fund Civil Legal Advice service (CLA)
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3
Q

What does the LAA control?

A

Government funding for legal aid

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4
Q

What provides civil legal aid?

A

Civil Legal Advice service (CLA)

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5
Q

What controls government funding for legal aid?

A

Legal Aid Agency (LAA)

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6
Q

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

A
  • means test
  • merits test
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7
Q

What does a means test assess?

A

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

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8
Q

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

A

Means test

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9
Q

What does a merits test evaluate?

A

The reason for the claim and its chance of success

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10
Q

Evaluates the reason for the claim and its chance of success

A

Merits test

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11
Q

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

A

Schedule 1 of LASPO 2012

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12
Q

Schedule 1 of LASPO 2012

A

Only cases eligible for civil legal aid

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13
Q

Examples of cases under Schedule 1 of LASPO 2012

A

Cases involving children or asylum seekers

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14
Q

What can those who qualify for civil legal aid recieve?

A
  • mediation
  • legal advice
  • representation
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15
Q

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

A

Conditional Fee Agreement (CFA)

16
Q

What is a CFA?

A

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

17
Q

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

A

Contracts with external firms

18
Q

S.13 LASPO 2012

A

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

19
Q

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

A

S.13 LASPO 2012

20
Q

How long can police hold a suspect?

A

48 hours

21
Q

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

A

Charge D or let them go

22
Q

What must D pass to qualify for criminal legal aid?

A
  • means test
  • ‘interests of justice’ test
23
Q

What automatically qualifies someone for the means test?

A

If they are in receipt of state benefits

24
Q

The ‘Interests of Justice’ test considers what?

A
  • previous convictions
  • Widgery criteria
25
Q

What does the Widgery criteria assess?

A

The effects of the possible consequences on their personal circumstances

26
Q

Examples of the effects of the possible consequences on personal circumstances

A
  • loss of liberty
  • damage to reputation
  • loss of livelihood
27
Q

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

A

More serious charges and consequences

28
Q

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

A

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

29
Q

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

A

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

30
Q

Considers previous convictions and Widgery criteria

A

‘Interests of Justice’ test

31
Q

Disadvantages of CFA

A
  • 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
32
Q

Other sources of legal help

A
  • Private funding
  • Trade union
  • Charities
  • Insurance companies
  • Free Representation Unit
  • Citizens Advice Bureau
33
Q

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

A

Become a litigant in person

34
Q

Disadvantage of being a litigant in person

A

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

35
Q

Advantages of other sources of legal aid

A
  • 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
36
Q

Disadvantages of other sources of legal aid

A
  • 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
37
Q

Citizens Advice Bureau

A
  • charity
  • have arrangements with local solicitors to obtain cheap services
  • lower claim fees
38
Q

What cases are CFAs mostly used for?

A
  • Negligence
  • personal injury
39
Q

Where can private funding be obtained from?

A
  • loans
  • friends/relatives
  • savings

Organisation Of The Legal System (19 decks)

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