Criminal Access To Justice - Topic 6 & Paper 3 Topic 9 Flashcards
Who administers state funding in criminal cases?
Legal Aid Agency which is administered by The Ministry of Justice
Created by the LASPO 2012
What does it mean that state funding of criminal cases is demand led?
There is no upper limit to how many cases are heard a year - if you qualify your case will be funded
What does criminal legal aid cover?
Legal Advice and Legal representation
Explain what the duty solicitor scheme is
Anyone held at a police station has the right to free legal advice.
Advice may be on telephone of face to face
Describe what points they take into account in ‘the interests of justice test’
- Likely to lose liberty/ livelihood or serious damage to reputation
- Important point of law
- Unable to understand proceedings
- Tracing/ interviewing or expert cross examination of witnesses
- It is in the interests of another person that the person is represented
Explain the means test in the Magistrates and Crown Court
If you can earn more than £22,000 you are not entitled to any state funding
If you can earn between £12,000 - £22,000 you will make a contribution
If you are on benefits you will receive full funding
What are the brackets for income?
If you have more than £37,000 disposable income a year you will have to pay your own legal casts
If you have £10,000 - £37,000 disposable income per year you will have to contribute to your legal fees on a sliding scale
If you have less than £10,000 disposable income you are entitled to full funding
What does the Civil Legal Aid service do?
Provides free, confidential advice on civil-law matters eg. debt, housing, domestic abuse
What is Private Funding?
Requiring citizens for pay for legal services without aid from the government
In what ways can individuals fund themselves privately?
Using their own resources
What are Conditional Fee Agreements
“No win, no fee” arrangements, the solicitor’s fees are only paid for if they win, pay nothing if the case is lost
How do charities assist those in need of legal advice?
They provide specific, targeted advice on relevant issues to the charity
How do Citizens Advice Bureauxs assist those in need of legal advice?
provide general legal advice face to face, via telephone or online. Usually town-centre based. There are over 3,500 locations throughout the country.
How do law centres assist those in need of legal advice?
They provide free access to legal advice from qualified solicitors. There are 45 locations in England and can be accessed online
How do trade unions provide assistance to those in need of legal advice?
They provide specific advice on issues relevant to the trade union, generally on employment issues
