Access to Justice / Legal Aid Flashcards
What does a suspect held at a police station have a right to?
Free legal advice, local solicitors operate a rota scheme so that there is a solicitor on duty in a 24 hour service to give legal advice which is government funded
How will a duty solicitor give advice?
By phone or face to face
Which agency made contracts with law firms to provide legal services to people charged with criminal offences?
Legal Aid Agency
What can be made to fund the work on a case and the cost of representation at the Magistrates Court?
An application for a representation order
What must D pass to be eligible for a representation order?
- interests of justice test
* means test
What are the factors of the interests of justice test?
- if D would be likely to lose his liberty or livelihood or suffer serious damage to his reputation
- if the case will include consideration of a point of law
- if D is unable to understand the proceedings or state his own case
- if the case will involve tracing, interviewing or expert cross-examination of witnesses
- if it’s in the interests of another person that D be represented
Who will pass the means test?
- those on Income Support
* under the age of 18 in full time education
