Criminal Access To Justice (paper 1 And 3) Flashcards
1
Q
What is access to justice?
A
Refers to the ability people have to obtain legal advice, assistance and representation to defend or enforce their legal rights particularly when facing criminal charges.
2
Q
Key barriers to access
A
- Cost - legal representation = expensive.
- Complexity - legal process is hard to understand without help.
- Lack of public knowledge - Many dont know their legal rights.
- Fear/ distrust of lawyers or the system.
3
Q
Types of legal aid in criminal law
A
- Advice and assistance
- Representation in court
4
Q
Advice and assistance
A
- Police station representation - free legal advice via duty solicitor scheme.
Telephone advice for less serious matters. - Funded by the legal aid agency.
5
Q
Representation in court
A
- To qualify two tests must be passed:
- Merit test - is it in the interests of justice for the person to be represented e.g. risk of prison, complex law, vulnerable D, cross-examining witnesses.
- Means test:
- universal credit and income support or under 18 you automatically are entitled to legal aid.
- If your disposable income is between £10,000-37,000 you will receive levels aid but any more and you do not.
- More than £10,000 a year disposable income means you have to pay a contribution to the Crown Court.
6
Q
Other schemes and sources of help
A
- Duty solicitor scheme
- Public Defender service
- Private funding
- Charities and Pro Bono
7
Q
Duty solicitor scheme
A
- Free representation at police station or magistrates court.
- Not mans-tested for police station advice.
- Available 24/7 at police stations.
8
Q
Public defender service
A
- Government-employed criminal defence lawyers.
- Alternative to private solicitors.
- Ensures representation if no private lawyer is available.
9
Q
Private funding
A
- Paying privately for a solicitor or barrister.
- Expensive - only realistic for wealthier individuals.
10
Q
Charities and Pro Bono
A
- Law centres, Citizens advice and pro bono work from solicitors and barristers.
- Provide basic legal help but rarely full representation in court.
