Access to justice Flashcards
if a person cannot get the help he needs, what is he being denied access to
justice
what does access to justice involve
an open system or justice & being able to fund the costs of a case
why is it essential an individual should be able to defend himself properly in a criminal case
a person’s liberty may be at risk
4 sources of general legal advice (who mainly offer advice in civil matters)
- help lines
- Citizens’ Advice Bureaux
- Law centres
- Trade unions
what agency offers public funding in criminal cases
Legal Aid Agency
in 2012 the government decided to bring legal aid under the control of… by passing what act
Ministry of Justice. through passing the Legal Aid, Sentencing and Punishment of offenders (LASPO) Act 2012
what does the legal aid agency do
make contracts with law firms to provide legal services to people charged with criminal offences
under LASPO Act 2012 what main services are available
1) legal help in police stations
2) legal representation in criminal cases
explain legal help in police stations (3)
- anyone held as suspect had right to free legal advice
- duty solicitor scheme available 24 hours a day
- advice via telephone/ face-to-face
explain legal representation in criminal cases
D must qualify under ‘interests of justice’ test + a means test
outline 5 interests of justice
1) potential loss of liberty/ serious damage to reputation or livelihood
2) case involves consideration of a POL
3) individual unable to understand proceedings in court or to state his own case
4) case involves the tracing/ interviewing/ cross-examination of witnesses
5) in the interests of another person that the individual be represented (e.g. rape/ children)
what is means testing
person’s income and ability to pay assessed
factors that automatically pass means test (3)
low income/ benefits/ full-time education
in the magistrates court what percentage of adults do not qualify for legal aid
3/4
in the Crown Court why can most defendants receive legal aid
no upper limit on income - higher the income, higher the contribution. D found NG, any contributions paid will normally be refunded
