access to justice funding

Question 1

what two types of legal funding are there

Answer 1

public and private

Question 2

what body governs government funding by what act

Answer 2

under LASPO 2012 the ministry of justice now oversees government funding in the legal aid agency

Question 3

what two services does the LAA offer

Answer 3

• legal advice

- legal representation

Question 4

explain three ways in which the LAA can offer legal advice

Answer 4

1. Civil legal advice (CLA) is a free telephone service that can give advice for civil matters such as domestic abuse and dicorce.
2. help in civil cases, the LAA has contracts with many law firms and non profit organisations so that they can provide free legal advice to people on low incomes
3. Help in criminal cases, anyone held as a suspect in jail has the right to free legal advice, there is a duty solicitor scheme available 24 hours a day

Question 5

describe government funding in civil cases

Answer 5

• very limited
• under LASP 2012 the starting point is that it is not allowed unless specifically mentioned
• will only be available for certain family cases particularly the ones involving domestic abuse, children or a restriction of someone’s liberties
• an individual must show that their income and capital assests are below certain limits

Question 6

what are the limits for government funding in civil cases

Answer 6

• gross income below £2,567
• disposable income below £733
• disposable capital must be under £8000, £3000 in immigration cases

Question 7

what are the four criteria introduced by the lord chancellor for civil funding

Answer 7

• the importance of the case to individual
• the public interest
• can the case be solved alternatively outside of the court
• whether the case can be funded in a different way

Question 8

what is the test all defendants have to qualify under to receive legal aid in criminal cases

Answer 8

interest of justice test

Question 9

what are the five steps of the interest of justice test

Answer 9

1. the individual is likely to lose his livelihood or liber
2. an individual is unable to understand the information to represent themselves
3. case is a substantial point of law
4. case involves investigation, witness cross examination
5. it is in the interest of another person that d is represented

Question 10

what are the two criminal advice schemes

Answer 10

1. duty solicitors (not means tested)

2. advice and assistance (means tested)

Question 11

describe funding for legal representation in the mags court

Answer 11

• subject to strict financial criterea apart from those under the age of 18 in full time education or those claiming the most benefits.
• if a defendants gross annual income is over £22,325 a year then they will not qualify, if it is below £12,475 then they will fully qualify. if it is somewhere in between then they may have to pay a contribution to the costs

Question 12

describe funding for legal rep in the crown court

Answer 12

• at the crown court more funding is available, a household disposable income of less than £37,500 will get legal aid, above that will not.
• defendants with very high disposable income may have to pay for their own legal rep as well as a contribution to the costs

Question 13

name three criticisms of civil legal funding

Answer 13

1. not enough legal services have contracts to o unpaid work
2. only people on extremely low income are eligible
3. unfair for people with personal injury claims who’s injury may prevent them from being able to represent themselves

Question 14

name three criticisms of criminal legal funding

Answer 14

1. duty solicitors often criticised for providing an inadequate service
2. very strict means test (3/4 of applicants dont qualify in the mags court)
3. governemnt has cut the fees paid to lawyers in criminal cases and many solicitors firms have stopped doing legal aid work