Acess To Justice Flashcards
Act
LASPO 2012
LASPO stands for
Legal aid sentencing punishment of offenders act
Means test
Money
Merits
Interest of justice
What court is merits test automatically satisfied
Crown
What is merits test
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
What is means test
Level of Finance required for egibility differs between mags and crown
Looks at
Household income
Outgoing
Capital
Disposable
Means for mags
Capital under 8000
Under 16 or 18 if in fulltime education
Low grosss
Low disposable
Income support
Means test for crown
Earning under 37,500
Capital below 30,000
Crown court means and merit
Merits = automatic pass
Means = 37,500 salary, 30,000 capital
Types of private funding
Paid for by self
Insurance
Own resources
Conditional funding - no win no fee
Does legal aid cover civil cases
Only narrow issues
Domestic Violence, discrimination, immigration for ayslum, special needs
So civil legal aid means tested
Yes
Income
capital -8000
Can be made to contribute
Civil legal aid who can be made to pay
Loser can be made to pay winners legal fees by judge
Other sources of legal aid
Not from gov
Citizen advice
Law centres
Pro bono units
Free representation
Trade union
Insurance
Charity
Citizen advice bureau
Free
Confidential
Impartial
Volunteers and professionals
Charities
Law cemetery - non profit
Charity
Offer legal survives to victims like domestic violence
Refugees or disabled people
Example of charity provide legal advice
Daisy chain project
Trade union
Provide legal assistance for its members
Members pay monthly fee then get free representation if needed
Pro bono
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
Advantages to legal aid
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
Disadvantage of legal aid
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
Gov cut percentage
42%
