Access to Justice

Question 1

Who is Criminal Aid under the Jurisdiction of?

Answer 1

They are under the jurisdiction of the legal aid agency, the director of legal aid casework supervises criminal legal aid.
They make contracts with law firms to provide legal services.

Question 2

What does S13 Legal Aid, sentencing and punishment of offenders Act set out?

Answer 2

Initial advice and Initial assistance will be available to individuals detained at a police station.

Question 3

How is advice provided to people at a police station?

Answer 3

Advice is provided by duty solicitors which is usually carried out over telephone although for especially vulnerable people it will be carried out in person.

Question 4

What has changed since 2004 regarding solicitors in police stations.

Answer 4

Now they can only claim for attending a police station if attendance was expected to materially progress the case.

Question 5

What is available to anyone brought before a court?

Answer 5

A contracted duty solicitor with relevant qualifications.

Question 6

What two tests will someone need to pass in order to receive funding in Court?

Answer 6

The Merits and the Means tests.

Question 7

What is the Merits Test?

Answer 7

The defendant can only receive legal aid if they can prove that they would likely lose their liberty or suffer damage to their reputation, the case will include a point of law, the individual is unable to understand the procedures, the court may cross examine witnesses or interview them.

Question 8

What does the Means Test Asses?

Answer 8

It examines the disposable income and the disposable capitol of the defendant.

Question 9

How does the Means test work in the Magistrates Court?

Answer 9

Those who are on income support, those under 18 in full time education and those under 16 all pass. For everyone else income is calculated, If the income is too high they do not qualify.

Question 10

How does the Means test work in the Crown Court?

Answer 10

There is no upper level of income meaning that most defendants receive legal aid. Those with an income of over £37’500 are ineligible for legal aid and must pay for representation.

Question 11

What is the Public Defender Service?

Answer 11

This service is ran by the legal aid agency, this offers advice and representation at a police station and at court for those who are liable for aid.

Question 12

What did the Legal Aid, Sentencing and Punishment of Offenders Act 2012 Set out?

Answer 12

Gave the Lord Chancellor the power to set criteria for legal services.

Question 13

What does S11 of LASPO set out?

Answer 13

Sets out the criteria for people looking for civil legal aid, The likely cost of proving the services and the benefits obtained by them, the availability of resources to provide service and the public interest.

Question 14

Which specific types of Civil Law is legal aid available for?

Answer 14

Children’s rights, the liberty of the individual and mental health cases, debt, asylum and immigration cases.

Question 15

Give examples where legal aid is not available in civil law?

Answer 15

Breach of contract and tort are examples of it not being available.

Question 16

Why are there limits to funding for civil cases? and what do these apply to?

Answer 16

There is less available as not enough is being put into the fund. Personal injury, wills, boundary disputes, defamation and divorce unless there is domestic violence are all excluded.

Question 17

What is the rule regarding small claims in civil cases?

Answer 17

The limit was changed from £5000 to £10000 in 2013 with fewer and fewer cases being allowed.

Question 18

How does Means testing work in civil cases?

Answer 18

People must prove that they cannot afford their own lawyer. People receiving income support or jobseekers allowance automatically qualify. Disposable income and disposable capital are also taken into account of. Anything over £8000 will usually exclude from legal aid.

Question 19

How do Solicitors operate as a source of Advice and Private Funding?

Answer 19

Available in most towns and cities and offer professional legal advice on a range of civil law matters such as family law, wills and probate, civil claims, employment, consumer problems, property law and conveyancing.

In more difficult cases they may recommend seeking counsels opinion from a specialist barrister.

They are expensive and usually charge around £200-£300.

Question 20

How does private legal insurance work?

Answer 20

They will provide legal advice and representation to policy holders, covering most legal situations that could result in litigation.

They often deal with motor and housing insurance policies in the event of litigation arising due to a road traffic accident or from an injury arising from a house accident.

Question 21

How does a CFA scheme work?

Answer 21

A conditional fee agreement is where solicitors and barristers agree to take no fee if they lose a case and are able to win, if they do win they raise their fee by a maximum of double the usual rate.

Question 22

What reduces the risk of a CFA scheme?

Answer 22

When the case is lost the law society has arranged an after the event insurance scheme in which for a relatively small amount the claimants liability for such costs is covered.

Question 23

How does the Citizens Advice Bureaux operate?

Answer 23

They are free of charge to the public and are funded by the Community Legal Service as well as local councils.

Question 24

How does the Citizens Advice Bureaux provide aid?

Answer 24

The staff are generally not legally qualified however, in matters such as housing, welfare benefits and debt counselling they will have as much experience as solicitors.

Question 25

How many Law Centres are there and how are they funded?

Answer 25

They are only 60 Law centres in England and Wales and they are funded by the CLS and Local Councils.

Question 26

How do Law Centres provide aid?

Answer 26

They employ qualified solicitors and barristers who advise mainly on housing, employment, welfare and immigration problems. They do not deal with conveyancing or probate.

Question 27

How do Trade Unions provide aid and give an example?

Answer 27

Trade Unions and professional bodies provide advice and legal representation in any dispute involving employment, unfair dismissal, discrimination and redundancy. For example the BMA represents Doctors.

Question 28

What are other minor sources of advice?

Answer 28

Independent advice centres such as Age UK and Shelter are run by charities. Some Local Authorities also provide advice services.

Question 29

What problems are there with access to justice?

Answer 29

Budget - Are the Government creating a problem?

Tests - Means and Merits tests, what are the drawbacks?

Lack of Lawyers - Why aren’t people entering the profession?

Litigants in Person - Large fees means that people are choosing to represent themselves.

Legal Advice - Due to cuts and high costs, people are finding it increasingly difficult to get the advice that they need.