English Legal System: Access to justice and funding Flashcards
What are the sources of civil legal advice?
Civil Legal Advice (CLA) - A government funded scheme to provide over the telephone advice for problems such as domestic abuse, discrimination and family issues.
Citizens Advice Bureaux - give general advice free to anyone on issues such as debt, housing, employment, can provide information on which local solicitors do legal aid work or give cheap or free initial interviews.
Law centres - offer a free, non-means-tested legal service to people in their area, especially when there are few solicitors.
Trade unions - offer their members free legal advice for all work-related problems. E.g Unite gives its members free legal advice and also free legal representation for any personal injury case.
What are the sources of criminal legal advice?
Pro Bono Unit - consists of voluntary barristers who give free advice on any area of law to those who cannot afford to pay for legal aid and may also represent the client in court proceedings.
Anyone held as a suspect at a police station has the right to free legal advice from a duty solicitor which is government funded.
What are examples of private funding of cases?
Using own resources.
Insurance eliminates the uncertainty of an unexpected and sudden financial loss.
Conditional fee agreement (cannot be used in Criminal cases) where if the case is lost, the client pays nothing but if the case is won, the client has to pay the normal fee plus the success fee.
What are examples of public funding in civil cases?
Legal aid (gov funded) - not available for civil cases unless it is in a category specifically mentioned in the Act or other regulations e.g children’s rights but not in tort claims.
Means testing - where a person applying for government-funded advice or representation must show that they don’t have enough money to pay for a lawyer: income (gross income minus costs) and capital (savings, stocks) is considered.
What are examples of public funding in Criminal cases?
In order to get free representation at court for a criminal case, the defendant has to qualify under the ‘interests of justice’ test under one of the five factors.
Magistrates means testing - calculates gross annual income: If a defendant’s income is below a certain level, they qualify for legal aid.
Crown Court means testing - free legal aid for those on low incomes. Those with a disposable income below £37,500 have to pay towards their legal aid. Those whose disposable income is above £37,500 are ineligible for legal aid.
What are the five factors of interests of Justice that makes the defendant eligible for it?
At least one of the following…
When the individual is likely to lose their Liberty or suffer serious damage to their reputation.
The case involves consideration of a point of Law.
The individual is unable to understand the proceedings in court or state their own case.
The case involves interviewing a witness.
It is in the interest of another person that the individual be represented.
Who automatically passes the means test?
Defendants under the age of 16.
Those on income support.
Those under 18 in full-time education.
