Access to Justice

Question 1

What are the principles of Access to justice?

Answer 1

Justice should be available to everyone
- Fundamental rule of law
- Everyone equal before the law

Question 2

What is Legal Aid?
(What statute?)

Answer 2

• LASPO 2012
• Public funding of legal services
• Money provided by the state for those who can’t afford it

Question 3

Where is legal aid available for criminal cases?

Answer 3

• Case is serious
• Person cannot afford legal fees
• Case is eligable

Question 4

Where is legal aid available for Civil cases?

Answer 4

If case is under a category specified under LASPO 2012

Question 5

What are the considerations for providing Civil Legal Aid?

Answer 5

• Considered by director of legal aid.
• Only granted if individual is financially eligible, established via means testing

Question 6

What does s13 LASPO state?

Answer 6

Free Initial advice/assistance is available for those arrested or held in custody

(Advice provided from duty soliciter from LAA Firm if case is in ‘Interest of Justice’)

Question 7

What is the ‘Interest of Justice’ Test?

Answer 7

• D likely to lose liberty/reputation
• Case involves point of law
• D can’t understand court/their case
• Case requires witnesses traced etc
• Financial eligibility
• In public interest

Question 8

Explain Conditional Fee Agreements

Answer 8

Available in all Civil (except family). Not available for Criminal.
- ‘No win, no fee’

Question 9

What are some alternative legal advice services?

Answer 9

• Trade unions
• Law centres
• Citizens advice bureaux

Question 10

Advantages of Civil A2J

Answer 10

• Variety of sources (pro bono, trade unions)
• Economically disadvantaged have access (Rule of Law)
• Range of expertise/expereience

Question 11

Disadvantages of Civil A2J

Answer 11

• In private funding, fee estimates aren’t always possible
• CFA’s (C needs ‘after event’ insurance, must convince solicitor of success likelihood, success fees impact compensation level)

Question 12

Advantages of Criminal A2J

Answer 12

• Free advice in station without means testing
• legal advice helps justice system 0 ensures fairness
• fair/just - Rule of Law

Question 13

Disadvantages of criminal A2J

Answer 13

• Means Test: 75% don’t qualify
• Can be unfairly skewed towards rich who can afford more experienced representation
• Legal Aid funding cuts