Access To Justice Flashcards
What is the Act and year that relates to legal aid?
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)
What institution controls legal aid?
The Ministry of Justice
What are the two types of legal aid offered in the UK?
Legal advice
Legal representation
Where can a person go for civil advice?
Help lines
Civil Legal Advice (CLA)
Income limits low for funding
Where can a person go for advice in a criminal case, what section allows this?
S.13 LASPO 2012
Duty solicitor scheme at police stations
What are the financial restrictions to the duty solicitors scheme?
There aren’t any
Who controls legal aid?
Under the jurisdiction of the Legal Aid Agency since 2013
What does the director of legal aid case work do?
Supervises criminal legal aid decides if defendants qualify for duty solicitors
Who decides the availability of Civil Funding?
LASPO 2012 allows Lord Chancellor to set criteria
What does the Lord Chancellor consider when deciding the availability of civil legal aid?
Cost and benefit of providing service
Resources
Importance of individual
likely hood of success in claim
Public interest
What claims are covered by Civil Legal Aid?
Children’s rights
Mental health tribunals
What type of claims are not covered by Civil Legal Aid?
Contract and Tort
Trespassing
What is the test that is carried out to allow Civil Legal Aid?
Means Testing
What are the requirements to satisfy the ‘means test’ for civil legal aid ?
Less than £2657 gross income (unless 4+ children)
Less than £733 disposable income
Less then £8000 capital
What is the test for criminal legal aid?
Must qualify under the interests of justice & means test
What are the 5 points that a defendant can meet that satisfies the interests of justice?
Could loose liberty/reputation
Case involves consideration of POL
D doesn’t understand court proceedings
If case involves cross examination
If it is in the interest of another person that they are represented(rape)
What is the means test for the magistrates court called?
“In or out” scheme
What are the points that can satisfy the magistrates means test?
Under 16/18 in education
Income support
Those that meet income limits
How may adults do not qualify for legal representation in the magistrates court?
3/4
What is the upper income limit for the crown means test?
No upper income limit all considered
What is the income limit that makes D have to contribute?
£37500 disposable income (unless takes you below that)
What is meant by advice deserts?
Not enough legal advice available as poor pay
What is meant by non availability and eligibility levels being problems?
Funding not available for many civil cases
Income levels low - more people representing themselves
What is the problem with the income limits being where they are?
Penalises those in employment over unemployed
What are some of the ways a person can privately fund there case?
There own resources - expensive
Insurance
After event policies (conditional fee agreements)
What cases can a CFA be used in?
Civil
What is a CFA?
No win no fee agreements - fee only paid if win
W hat are some of the advantages of a CFA?
Offer alternative
Widely available no upfront payment
What are the disadvantages of a CFA?
Solicitors charge higher fee to cover risk of loosing
Court costs may not be included
Encourages “cherry picking” by solicitors
Immoral tactics may be used to win case
What are some other agencies a person can go to to get advice of aid?
Citizens Advice Bureau
Pro Bono
Law centres
Schemes run by lawyers
Charities (shelter homeless)
Trade union
Insurance company
What is a positive of the civil legal aid offered?
Can gain advice
CFAs make more affordable
What are the disadvantages of Civil legal aid offered?
Paying lawyers expensive
Civil legal aid funding budget decreasing
What is a positive of the criminal legal; aid offered?
Free advice on prison vital
Charges can affect persons future
What are the disadvantages of the criminal legal aid offered?
Budget cuts
No drop in crime
More unrepresentative in mag
Less solicitors learn criminal as not enough pay
Means test to strict
