Access to Justice & Funding

Question 1

How can a person gain help/access to justice?

Answer 1

• Helplines
• Citizens Advice Bureaux
• Law Centers
• Trade Unions
• Pro Bono Units

Question 2

What are Helplines and what issues can you receive help on?

Answer 2

• Civil Legal Advice (CLA)- Gov funded scheme for providing advice.
  Possible to get telephone help from CLA for problems such as:
• Debt- if home is at risk
• Housing- homeless, at risk of being evicted
• Domestic Abuse
• Discrimination

Question 3

What is the Citizens Advice Bureaux and what can it help with?

Answer 3

• Gives general advice, free to anyone, on a variety of issues, mostly connected to social welfare problems and debt
• Provide info on which solicitors do legal aid work
  Main areas that Citizens Advice Bureaux help with:
• Debt Problems
• Consumer issues
• Housing issues
• Work issues

Question 4

What are Law Centres?

Answer 4

• Offer a free, non-means tested, legal service to people in their area
• Provide free legal advice and sometimes represent
• Funded by Central Gov

Question 5

What are Trade Unions and state the different types?

Answer 5

• Offer members free legal advice for all work related problems
• Also offer free legal advice for other legal problems, e.g. personal injury cases
• Help available even if injury isn’t connected to work

Different types:
- Craft-Based Unions- Trade union of people with same skilled craft
- Industrial Unions- Combines all workers both skilled/unskilled, who are employed in a particular union
- General Union- represent workers from all industries, rather than just one organisation or particular sector.

Question 6

What is the Bar Pro Bono Unit?

Answer 6

• Volunteer Barristers staff the Bar Pro Bono Unit
• Give free advice to those who can’t afford to pay/can’t get legal aid
• Give advice on any area of law and sometimes represent client in court proceedings.

Question 7

What is the Interest of Justice Test?

Answer 7

Only get legal funding if can show they come within at least 1 of the 5 interests:
- Any matter arising in proceedings is decided against them, individual likely to suffer serious damage to reputation
- Case involves consideration to point of law
- Individual unable to understand proceedings in court/state own case
- Case may involve tracing, interviewing, expert cross examination of witnesses
- In interest of another person that individual be represented, e.g. rape case

Question 8

What is the Magistrates’ Court Means Test?

Answer 8

• Strict means test in Magistrates’ Court where applicants are either:
  1) Eligible for legal aid, passed initial or full means test
  2) Ineligible, fail initial/full means test- expected to pay for legal representation privately

Question 9

What is the Process of the Magistrates’ Court Means Test?

Answer 9

• Simple means test, calculated on gross annual income
• If defendant’s income is too high, defendant doesn’t qualify for legal aid
• If defendant’s income is below a certain level, they qualify
• For those in middle bracket, further means tested to calculate disposable income- if above set limit, won’t get legal aid
• 3/4 adults don’t qualify for legal aid in crim cases in Magistrates’ Court

Question 10

Explain the Crown Court Means Test?

Answer 10

• Main diff from Magistrates Court- no upper limit on disposable income
• Many defendants receive legal aid- free for those on low income
• Those on higher incomes (£37,500+) pay towards legal aid
• Max amount paid they have to pay is set by type of case
• If guilty, also pay extra from their capital
• If not guilty, any contributions normally refunded.