chapter 4 Evaluation Flashcards
evaluation
ADVANTAGE - criminal access to justice
Point: It is an advantage that a suspect in police detention is able to obtain legal advice and assistance through the duty solicitor scheme.
Evidence: This will stop the police breaking the rules in the Police and Criminal Evidence Act of 1984.
Explain: When a suspect is arrested, a solicitor will offer initial advice to a client, usually taking place over the phone. This enables a defendant to gain legal advice for free and a defendant is usually assigned a solicitor.
Link: This is an advantage because because it makes sure the legal system is fair as everyone is given a fair chance through free legal advice.
Counter: However, a duty solicitor does not represent the defendant in court which means that the accused will have to try get legal aid if the case goes to court.
ADVANTAGE - criminal access to justice
Point:
DISADVANTAGE - criminal access to justice
Point: Many barristers and solicitors are choosing not to go into criminal law due to the lack of funding
Evidence: N/A
Explain: The long-term future of solicitors firms in the area is not promising . Many solicitors do not want to work in criminal law as it is not as well remunerated as other areas of law. The job also involves unsociable work hours as they could be called out during the night to attend a police station and then go to court the following morning.
Link: This is a disadvantage because with a potential limited amount of barristers and solicitors means it will be harder to gain free legal representation and advice which therefore, limits access to justice for a wide range of people.
DISADVANTAGE - criminal access to justice
Point: The government has cut the budget for criminal legal aid.
Evidence: In 2018-19 the criminal legal aid budget for England and Wales was £879 million, down from £891 million in 2017-18. The criminal legal aid budget peaked in 2007 -08at just over £1.2 billion and between 2010-11 and 2015-16 it was cut by £314 million
Explain: This means fewer firms are providing legal aid services as it does not pay them to do so. This has caused an increase in the number of defendants in both the Magistrates and the crown court who are un represented
Link: this is a disadvantage because if there is less funding in criminal legal aid then this will lead to a smaller group of people getting access to justice.
