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The Legal System > Access To Justice > Flashcards

Access To Justice Flashcards

1
Q

What is the Act and year that relates to legal aid?

A

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)

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2
Q

What institution controls legal aid?

A

The Ministry of Justice

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3
Q

What are the two types of legal aid offered in the UK?

A

Legal advice
Legal representation

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4
Q

Where can a person go for civil advice?

A

Help lines
Civil Legal Advice (CLA)
Income limits low for funding

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5
Q

Where can a person go for advice in a criminal case, what section allows this?

A

S.13 LASPO 2012
Duty solicitor scheme at police stations

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6
Q

What are the financial restrictions to the duty solicitors scheme?

A

There aren’t any

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7
Q

Who controls legal aid?

A

Under the jurisdiction of the Legal Aid Agency since 2013

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8
Q

What does the director of legal aid case work do?

A

Supervises criminal legal aid decides if defendants qualify for duty solicitors

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9
Q

Who decides the availability of Civil Funding?

A

LASPO 2012 allows Lord Chancellor to set criteria

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10
Q

What does the Lord Chancellor consider when deciding the availability of civil legal aid?

A

Cost and benefit of providing service
Resources
Importance of individual
likely hood of success in claim
Public interest

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11
Q

What claims are covered by Civil Legal Aid?

A

Children’s rights
Mental health tribunals

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12
Q

What type of claims are not covered by Civil Legal Aid?

A

Contract and Tort
Trespassing

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13
Q

What is the test that is carried out to allow Civil Legal Aid?

A

Means Testing

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14
Q

What are the requirements to satisfy the ‘means test’ for civil legal aid ?

A

Less than £2657 gross income (unless 4+ children)
Less than £733 disposable income
Less then £8000 capital

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15
Q

What is the test for criminal legal aid?

A

Must qualify under the interests of justice & means test

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16
Q

What are the 5 points that a defendant can meet that satisfies the interests of justice?

A

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)

17
Q

What is the means test for the magistrates court called?

A

“In or out” scheme

18
Q

What are the points that can satisfy the magistrates means test?

A

Under 16/18 in education
Income support
Those that meet income limits

19
Q

How may adults do not qualify for legal representation in the magistrates court?

A

3/4

20
Q

What is the upper income limit for the crown means test?

A

No upper income limit all considered

21
Q

What is the income limit that makes D have to contribute?

A

£37500 disposable income (unless takes you below that)

22
Q

What is meant by advice deserts?

A

Not enough legal advice available as poor pay

23
Q

What is meant by non availability and eligibility levels being problems?

A

Funding not available for many civil cases
Income levels low - more people representing themselves

24
Q

What is the problem with the income limits being where they are?

A

Penalises those in employment over unemployed

25
Q

What are some of the ways a person can privately fund there case?

A

There own resources - expensive
Insurance
After event policies (conditional fee agreements)

26
Q

What cases can a CFA be used in?

A

Civil

27
Q

What is a CFA?

A

No win no fee agreements - fee only paid if win

28
Q

W hat are some of the advantages of a CFA?

A

Offer alternative
Widely available no upfront payment

29
Q

What are the disadvantages of a CFA?

A

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

30
Q

What are some other agencies a person can go to to get advice of aid?

A

Citizens Advice Bureau
Pro Bono
Law centres
Schemes run by lawyers
Charities (shelter homeless)
Trade union
Insurance company

31
Q

What is a positive of the civil legal aid offered?

A

Can gain advice
CFAs make more affordable

32
Q

What are the disadvantages of Civil legal aid offered?

A

Paying lawyers expensive
Civil legal aid funding budget decreasing

33
Q

What is a positive of the criminal legal; aid offered?

A

Free advice on prison vital
Charges can affect persons future

34
Q

What are the disadvantages of the criminal legal aid offered?

A

Budget cuts
No drop in crime
More unrepresentative in mag
Less solicitors learn criminal as not enough pay
Means test to strict

The Legal System (8 decks)

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