Access To Justice Flashcards
Civil cases:
- Legal aid agency has links with law firms + Citizens Advice offices where they can provide free legal advice (only if they earn a certain low wage)
- certain threshold of income that must be satisfied
Criminal cases:
- anyone held as a suspect at the police station has the right to free legal advice
- Government provide Duty Solicitors who provide advice either face to face or over the phone
Civil Courts:
- government is limited as to how much money it can put aside
- Legal Aid, Sentencing and Punishment of Offenders Act 2012 states that legal aid is only available for cases specifically mentioned in relevant Act.
- types of cases that qualify for legal aid tend to be cases involving:
• children’s rights
• an individuals liberty
PUBLIC FUNDING IS NOT AVAILABLE FOR BREACH OF CONTRACT CASES, PERSONAL INJURY, TRESPASS TO LAND OR PERSON + SMALL CLAIMS
If someone wants to apply for legal aid they must satisfy a MEANS TEST. This is where they must prove that they cannot afford a lawyer
Criminal courts:
Interest of justice test
The interests of justice test:
D can only qualify for funding if:
1. Likely to lose liberty
2. Case involves a point of law
3. Unable to understand the process
4. Will be a cross-examination if witnesses
5. Important to the other party that the individual is represented
Criminal courts:
Means test
Magistrates:
Eligible for legal aid if-
- D is under 16
- D is under 18 and in full time education
- D is on income support
This test assessed income. If income is too high then they will not receive legal aid.
75% of adults are unsuccessful in applying for legal aid
Crown court:
Most defendants can receive legal aid in the crown court
- Low incomes get free legal representation
- Higher incomes (but have less than £37,500 in disposable income) have to pay something but will get help
- High incomes with more than £37,500 in disposable income receive no legal aid
If d is found not guilty they may get refunded
