access to justice, criminal Flashcards
why is access to justice needed in criminal cases?
a persons liberty may be at risk and it is essential that they should be able to defend themselves properly.
where can a person get legal advice in a criminal case?
anyone held at a police station has the right to free legal advice. there is a duty solicitor scheme available 24hrs a day which is government funded. the advice may be over the phone or face to face.
what are ways of private funding?
- own resources
- insurance
what must the defendant pass to qualify for public funding in a criminal case?
interests of justice test
means test
what is the interest of justice test?
a test which the D will be eligible for public funding if they fit in to one of the following factors:
1. whether they are likely to lose their liberty
2. the case involves a point of law
3. the individual is unable to understand the proceedings in court
4. the case may involve tracing or interviewing
5.it is in the interests of another person
what is magistrates’ court means testing?
where the applicants are either:
1. eligible for full legal aid or
2. ineligible and therefore are expected to pay for legal representation privately
who qualifies for means testing automatically?
- those who are on income support
- under the age of 16
- under 18 in full time education
how may someone pass the means test?
if their income is below a certain level
