ELS-The Judiciary and Access to Funding Summary Flashcards
3 Superior Judges.
- Justices of the Supreme Court
- Lord Justices of Appeal
- High Court Judges
4 inferior judges.
- Circuit judges (Crown Court and County Court)
- Recorders
- District Judges in the County Court
- District Judges in the Magistrates Court.
Who are recorders?
P/T judges who sit for 5 years in the Crown and County Courts
4 ways the judiciary has independence.
- Security of tenure (job)
- Immunity from the executive (law-making)
- Immunity from suit
- Independence from case
2 reasons independence of the judiciary matters.
- Key element of democracy
- Independence from specific case ensure judges are impartial (neutral) so justice is done.
What is legal aid?
Money provided to Ds by the government so they can get a defence in court
On what grounds is legal aid provided and what does this mean?
Provided on utilitarian grounds meaning to those that need it the most.
What legal aid does everyone have access to in police offices?
The duty solicitor in police officers.
2 tests to determine whether a D can receive legal aid.
[BOTH MUST BE MET]
- Interest of justice test.
- Means test
When is the interest of justice test met?
If the D’s life/liberty is at threat.
When is the means test met?
When the D has a low disposable income
5 sources of legal advice.
- Help lines
- Trade unions
- Laws centres
- Pro Bono Bar Unit
- Citizens Advice Bureau
3 ways civil cases can be privately funded.
- Own resources
- Insurance
- Conditional fee agreements-often advertised as “no win, no fee” but people must understand caveats.
Way in which civil cases can be publicly funded.
Legal Aid budget for cases where there are exceptions e.g., Mental Health Tribunal where the liberty of the individual may be at stake.
Is Legal Aid budget usually used for civil cases?
No
