access to justice

Question 1

what are the biggest issues in access to justice

Answer 1

lack knowledge
fear of the process and professionals
cost

Question 2

what are the two types of access to justice

Answer 2

public/government funded
private funded

Question 3

what is the main government funding act

Answer 3

legal aid, sentencing and punishment of offenders act 2012 (LASPOA)

Question 4

what did LASPOA set up

Answer 4

the legal aid agency

Question 5

what does the legal aid agency offer

Answer 5

legal advice
full legal rep for a whole case

Question 6

what did LASPOA cut

Answer 6

large areas from legal aid eg family cases

Question 7

what did the government fund for civil aid

Answer 7

CLA( civil legal advice) helpline

Question 8

what does and dosnet the CLA help with

Answer 8

does- debt housing
dosent- contract or tort

Question 9

what are the two tests to qualify for legal aid

Answer 9

meeans testing, merrits testing

Question 10

what does means testing assess

Answer 10

finacial situation

Question 11

what are the thresholds to pass means testing

Answer 11

-on benifits- immediatly pass
OR below
£2657 gross income
£733 disposible income
£8000 disposible capital

Question 12

what does the merrits test look at

Answer 12

other factors concidered when looking at leagl aid

Question 13

what are some of the merrits test factors

Answer 13

likely cost/benifit
available reacorses
alternate services
individuals prospect of sucsess
public intrest

Question 14

what free advice is available for criminal cases

Answer 14

legal advicce if its avaliable
free advice at the police station( and funding for a lawer for vunrable or serious charges)
sometimes from a duty soclicitor at court

Question 15

what tests are there for government funded criminal rep

Answer 15

means
merrits

Question 16

to gain gov funding for a legal case what are the five ‘intrests of justice’ factors the d must show they came within

Answer 16

liberty/ livelyhood
point of law
understanding
cross examination
another person

Question 17

how many of the criminal intrests to justice factors must the defendant come within

Answer 17

at least one

Question 18

what would immediatly qualify(means test) for ciminal gov rep

Answer 18

benifits
under 16(18 if in full time education)

Question 19

what are the two types of legal aid you can recieve for criminal cases when it comes to rep

Answer 19

full
partial

Question 20

what is the public defender service

Answer 20

offers advice and rep at the police station

Question 21

what are the diffrent options for private funding (7)

Answer 21

personal reacorces
insurence
conditional fee agreements
citezens advice
law centers
trade unions
pro bonos

Question 22

how expensive can lawers be if youre paying yourself

Answer 22

both from £150-1000 an hour
so using personal recorces isnt available for most

Question 23

what is before the event insurence

Answer 23

insureance you take out before the claim arises to cover all legal costs

Question 24

whats after the event insureance

Answer 24

insurence you take out during a claim to cover the cost to the other side if you lose

Question 25

what is a conditional fee agreement

Answer 25

an agreement where usualy the client only pays if they win the case. there is a sucsess fee (25% of damages) and an aditional fee for the legal service

Question 26

what are the drawbacks of conditional fee agreements

Answer 26

only for civil cases( often for personal injury and not for family)
you need after the event insureance
you may still have to pay a fee if you lose if it was agreed

Question 27

talk about legal help from law centers, citicens advice and trade unions

Answer 27

often free but often only advice and not always from qualified professionals