Access to justice and funding in the criminal system Flashcards
Which two advice schemes are there?
public funding in crim cases
- duty solicitors
- advice and assistance
What is meant by a duty solicitor?
-provides people held at a police station w/ legal advice
-on phone/ in person if needed for case to progress
-not means tested -everyone.
What is meant by advice and assistance?
- a solicitor who has a contract with legal aid agency to work for free
- usually advice- sometimes advocacy.
-ONLY FOR LOW INCOME + IS MEANS TESTED.
What are the two tests for representation in court?
- Means test
- Interest of justice
What is the interest of justice test?
-must be with in the interest of justice for pubilic funding to be used
-4 criterias must be met.
What are the 4 criteras of the interest for justice test?
- The individual will be likely to lose his liberty or livelihood
- .substantial point of law
- The individual is unable to understand the proceedings in court or state his own cased
- The case may involve tracing, interviewing or expert cross-examination of witnesses
- interests of another person that the individual is represented
Which court does the means test usually apply to?
-the magistrates.
Who is the financial critera not applied so strictly to?
-those under 18
-full time education
-claiming benefits.
What is the means test based on?
-A persons gross annual income.
-adjusted by how many dependents in the family.
What is the limit for means test?
£22,325
What amount is fully funded for the means test (earnings)?
£12,475
What happens if the gross income is between 12,475 and 22,325?
-a full means test on disposable income will be carried out.
-can mean contribution costs required.
What happens in terms of a means test at crown court?
-difference- no upper limit on disposal income.
-Most D’s receive legal aid, especially if on low income.
-If on higher income/ but below £37,500 disposable income would have to go toward legal aid.
-If found guilty pay more/ not guilty- refunded.
What is the problem for government funding in criminal cases?
-fewer firms taking it on
-300 less in 5 years because gov.
-budget for legal aid not inc with inflation.
