Acess To Justice

Question 1

Act

Answer 1

LASPO 2012

Question 2

LASPO stands for

Answer 2

Legal aid sentencing punishment of offenders act

Question 3

Means test

Answer 3

Money

Question 4

Merits

Answer 4

Interest of justice

Question 5

What court is merits test automatically satisfied

Answer 5

Crown

Question 6

What is merits test

Answer 6

More serious offence and risk of consequences more likely given legal aid

Lose liberty livelihood reputation
Unable to understand proceedings
Interest of justice for both D and V

Question 7

What is means test

Answer 7

Level of Finance required for egibility differs between mags and crown

Looks at
Household income
Outgoing
Capital
Disposable

Question 8

Means for mags

Answer 8

Capital under 8000
Under 16 or 18 if in fulltime education

Low grosss
Low disposable
Income support

Question 9

Means test for crown

Answer 9

Earning under 37,500
Capital below 30,000

Question 10

Crown court means and merit

Answer 10

Merits = automatic pass
Means = 37,500 salary, 30,000 capital

Question 11

Types of private funding

Answer 11

Paid for by self
Insurance
Own resources
Conditional funding - no win no fee

Question 12

Does legal aid cover civil cases

Answer 12

Only narrow issues

Domestic Violence, discrimination, immigration for ayslum, special needs

Question 13

So civil legal aid means tested

Answer 13

Yes
Income
capital -8000

Can be made to contribute

Question 14

Civil legal aid who can be made to pay

Answer 14

Loser can be made to pay winners legal fees by judge

Question 15

Other sources of legal aid

Not from gov

Answer 15

Citizen advice
Law centres
Pro bono units
Free representation
Trade union
Insurance
Charity

Question 16

Citizen advice bureau

Answer 16

Free
Confidential
Impartial
Volunteers and professionals

Question 17

Charities

Answer 17

Law cemetery - non profit

Charity
Offer legal survives to victims like domestic violence
Refugees or disabled people

Question 18

Example of charity provide legal advice

Answer 18

Daisy chain project

Question 19

Trade union

Answer 19

Provide legal assistance for its members

Members pay monthly fee then get free representation if needed

Question 20

Pro bono

Answer 20

Free representation
From law firms or organisations that offer services to those who cannot afford it

Done to give back to community, experience, look good on CV , believe in equality and fairness

Question 21

Advantages to legal aid

Answer 21

Article 6 right to fair trial
Access to justice
- Helps poorest members of society obtain legal advice

Fairness in legal proceedings
- Everyone should be equal before law
-equality of bargaining powers

Protection of rights
- Protect peoples liberty livelihood reputation - done in merits test

Question 22

Disadvantage of legal aid

Answer 22

Lack of availability
- gov cuts - 42% cut - advice dessert - travel far for aid - NOT USED FOR ADR

• low quality should D receive it - over worked, low quality - is that really equal before law
• gap between those who qualify and those who don’t - means test
  Civil loser can pay winners cost

Question 23

Gov cut percentage

Answer 23

42%