Access to Justice Flashcards
What is Civil legal aid available for?
In principle, Civil legal aid is available for:
Community care
Actions against public authorities
Mental health and mental capacity
Judicial review
Special education needs
Asylum claims
Immigration detention
Debt where your home is at risk
Public family law regarding the protection of children.
What is the merits test?
If the client needs legal advice, it will need to be reasonable for the government to fund the lawyer’s work, with the cost of doing so outweighed by the benefit the client will gain from getting the advice.
If the client needs representation at court, the test is whether they are at least as likely to win their case as to lose it.
What is the means test?
If the area of law is `within scope’ and the merits test is met, the prospective client must still pass a means test. The Legal Aid Agency will only grant legal aid to people who meet the financial eligibility criteria. The Legal Aid Agency will look at heir disposable income and disposable capital.
Who is entitled to criminal legal aid?
Everyone arrested for and charged with a criminal offence is entitled to free legal representation at a police station. After that point, the availability of legal aid depends on:
*The age of the defendant (under 18s are automatically entitled to legal aid)
*The income of the defendant, if over 18
*The trial venue (i.e. Magistrates or Crown Court)
*In the Magistrates Court, whether an `interests of justice’ test is met. This includes considering whether the defendant has previous convictions, and the likely impact of a further conviction.
Who are litigants in person?
If someone is a party to legal proceedings, they are permitted to represent themselves in any court or tribunal, including the senior courts. If the individuals represent themselves in the Crown Court they can experience considerable difficulties, as well as causing difficulties to the process.
What are the different pro bono legal services?
*Citizens Advice: sometimes able to provide advice on legal problems in a range of areas including social security benefits.
*Law Centres: a network of Law Centres throughout England and Wales allow members of the public to seek advice from qualified lawyers.
*Advocate: Bar’s pro bono service, providing free legal advice and representation to people who are unable to get legal aid, cannot pay for a lawyer themselves, and who have a meritorious case.
Who are McKenzie’ friends?
Litigants in person sometimes have a non-legally qualified person to help them in court proceedings. This person can be a friend or family member, a volunteer, or someone paid to carry out this role. They are referred to as a `McKenzie friend’. The activities of McKenzie Friends are not regulated.
