Chapter 11- Access to Justice Flashcards
In 2012 the government abolished the legal services commission who took over control of legal aid?
Ministry of Justice
Which Act was passed in 2012 which set up the Legal Aid Agency?
LASPO
Give an example of a government funded helpline for civil cases
Civil legal advice
What advice is available for a suspect held at a police station?
Free legal advice from a solicitor
What factors will the Lord Chancellor take into account when allocating funding for legal aid services?
- cost vs benefit
- resources
- public interest
What type of civil cases are public funding not available for?
- breach of contract
- tort
- PI
How does somebody qualify for legal aid?
- Below £8,000 in capital
- means testing
In criminal cases a defendant will only get help with legal funding for representation if they come within 1 of 5 ‘interests of justice’ factors. Name 2
- if they are of public importance
- if they are against a party who has a solicitor
What means test is used in the magistrates court?
In or out scheme
What means test is used in the crown court?
No upper limit for disposable income
Name 2 problems with government funding of cases?
- not enough funding for everyone
- solicitors don’t want to work in government schemes as they are paid less
Describe how conditional fee arrangements work?
If you hire a solicitor you will only have to pay either all or some of the fees if you win the court case
Name 2 other ways to privately fund a court case?
Insurance and trade unions
Which advice agency was set up in 1939 and has 2500 locations across the UK?
Citizens advice bureau
Which non-means-tested legal service operates in disadvantaged areas?
Law centres
