Access to justice and funding

Question 1

Why is funding needed for justice?

Answer 1

• There must be equality before the law so the law should be applied irrespective of status or wealth

Question 2

What are sources of legal advice?

Answer 2

• Charitable Organisations
• Helplines
• Law Centres
• Pro-Bono Schemes
• Trade Unions
• Citizen Advice Bureaux

Question 3

What is private funding in a criminal case?

Answer 3

• A person can use their own resources to fund a criminal case or they can be funded through loans and remortgaging their house

Question 4

What is public funding in a criminal case?

Answer 4

• To be eligible for legal aid, they must meet the requirements of the interests of justice test and then be further means tested
• Parts in the interests of justice test is if they are likely to lose their liberty or livelihood, it has a consideration of a significant point of law, they lack mental capacity, the case involves interviewing and cross-examination or it may be in the interests of another person to be represented

Question 5

What is the means testing within the magistrates court?

Answer 5

• People are automatically entitled to legal aid if they are under 16, if they are under 18 and in full time education and if they have too low gross income they are entitled to full legal aid, if they have a medium gross income they get partial legal aid

Question 6

What is means testing within crown court?

Answer 6

• Most defendants recieve legal aid in the crown court due to the possible loss of liberty, it is free to those on low incomes and considered based on a personal’s disposable income
• If it is above £37,5000, they will not recieve legal aid however if it is below, they may recieve partial legal aid

Question 7

What is private funding in civil cases?

Answer 7

• They must use their own resources to pay for a civil case
• They may agree to a conditional fee agreement which is no win, no fee

Question 8

What is public funding in civil cases?

Answer 8

• Legal aid provides civil and criminal legal advice
• Their role is to ensure that legal aid services are available, they provide funds to the Civil Legal Advice Service, they publish evidence about the decisions about funding and run the public defender service