Access To Justice Flashcards
Civil legal aid
Must pass interest and means test
In order to be eligible the Lord Chancellor must consider:
The cost and benefit of providing the services
The availability of resources
The importance for the individual
The individuals prospect of success
The public interest
Criminal legal aid
Covers legal advice
Representation
And the cost for defendants who cannot afford legal services
Free legal advice at the police station
Interest in justice
The solicitor will have to consider the widgery criteria:
Is it likely that I will lose my liberty (freedom)
Is it likely I will lose my livelihood
Is it likely I will suffer serious damage to my reputation
Means test
The finances of the person
To pass applicant must have a disposable income of less than £3398 or gross of £22325
In the crown court in must be £37500
Public funding is not available for…
Contract cases or tort cases
In order to qualify for criminal legal aid
The defendant must qualify under the interest in justice criteria and the means test
Evaluation of legal aid
Access to justice for people who cannot afford it
Wide legal coverage
Limited availability as there is a limited budget
Strict criteria
Time consuming process
The impact of change to the legal aid budget
Fewer representations
Longer wait times
Reduced service quality
Increased self representation
Greater inequality
Court fee remissions
Removes court fees
Justice in civil cases- they provide support to people who may be unable to access the legal process due to financial situation
Increased accessibility
Financial barriers reduced
Strict eligibility criteria
Complex application process
Other methods of accessing justice
Private funding
Conditional fee
Advice agencies
Private funding
High legal fees - solicitors are expensive
Preferred representation- more control and ability to hire better lawyers
Specialised lawyers
Quicker service
Increased inequality
Conditional fee
Win only payment
Increased accessibility
Motivated lawyers
Higher fees
Case suitability
Advice agencies
(Citizens advice bureau, law centres, trade unions, insurance companies)
Free legal advice
Community based support
Broad issue coverage
Limited representation- focus primarily on advice
Resource constraints
Case for access to justice
Mclibel
Lack of legal aid denied the two to a fair trial
Reasons for unmet need for legal services
A person may:
Fail to see the problem
Not aware of the law
Not have the money to seek advice or go to court
Bit have time to attend as solicitors office is during the week
Be scared of the legal system
Hell at the police station
Free to everyone
The public defender service is a department of the legal aid agency
No means test
