Access to Justice Flashcards
Who is Criminal Aid under the Jurisdiction of?
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.
What does S13 Legal Aid, sentencing and punishment of offenders Act set out?
Initial advice and Initial assistance will be available to individuals detained at a police station.
How is advice provided to people at a police station?
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.
What has changed since 2004 regarding solicitors in police stations.
Now they can only claim for attending a police station if attendance was expected to materially progress the case.
What is available to anyone brought before a court?
A contracted duty solicitor with relevant qualifications.
What two tests will someone need to pass in order to receive funding in Court?
The Merits and the Means tests.
What is the Merits Test?
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.
What does the Means Test Asses?
It examines the disposable income and the disposable capitol of the defendant.
How does the Means test work in the Magistrates Court?
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.
How does the Means test work in the Crown Court?
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.
What is the Public Defender Service?
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.
What did the Legal Aid, Sentencing and Punishment of Offenders Act 2012 Set out?
Gave the Lord Chancellor the power to set criteria for legal services.
What does S11 of LASPO set out?
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.
Which specific types of Civil Law is legal aid available for?
Children’s rights, the liberty of the individual and mental health cases, debt, asylum and immigration cases.
Give examples where legal aid is not available in civil law?
Breach of contract and tort are examples of it not being available.