Access to Justice Flashcards
What are the five eval points for access to justice
Cuts to Legal Aid budget
Merits Test
Rise in People Representing Themselves
Outside Agencies Overwhelmed
CFA’s
Cuts to legal aid budget
Cut from 1.2 billion to 850 mil in 10 years
Affects people in need that need the legal aid
Especially in Magistrates’ Court where the legal aid tests are so hard to pass now that barely anyone gets financial aid for legal rep
Gov budget is cutting everything - education, health, arts - so makes sense they would cut legal aid
Also in Mag Court its often petty crimes where the offenders plead guilty so can argue not really affecting people.
Merits test
Merits tests are also causing problems, in particular the ‘interests of justice’ test and the tests included in s.11 of LASPO for civil cases.
This means those most in need are most unable to pay, and left without help or support
The cuts in funding mean that some will inevitably be denied access to justice – it is common sense to restrict civil law before criminal law for human rights reasons.
Rise in People Representing Themselves
Due to legal aid being so expensive, the courts are seeing a lot more people represent themselves, making it a very unfair and imbalanced fight as they will be facing a qualified lawyer
Usually only happens for minor cases and there are places people can go for advice before their case
Outside Agencies Overwhelmed
Due to legal aid being cut many people turn to outside agencies however due to this the agencies are overworked and too busy, meaning advice may not be given out for months
Advice is there and available - for most cases its minor and advice can actually wait
CFA’s
CFAs have been a lifeline to many and have allowed people to bring matters to court without the worry of being financially ruined if they lose. The success fee cap means that the claimant, if they win, will receive a large quantity of their compensation. However, there are often hidden costs involved. Solicitors will only take on cases that have a high chance of winning
They still provide a route to get access to justice for those who might otherwise not be able to get it, and 75% is better than 0%. Also as they are only likely to take on cases that will win, if they accept a case there is a high chance of winning it.
