Funding Flashcards
Who are criminal legal aid services under?
Legal Aid Agency
What are the two types of advice available for criminal cases?
Duty Solicitor Schemes and Advice & Assistance
What is a duty solicitor scheme?
Everyone can receive advice via phone call - not means tested.
You have to qualify for face-to-face advice.
Solicitor can only claim back money of their attendance was materially progressive to the case.
What is advice and assistance?
Only available for jobseekers on those on benefits. A solicitor/barrister is provided for free.
In order to be eligible for legal representation in criminal cases, the offender must pass what tests?
Interests of Justice Test
Means Test
What is the interest of justice test?
- Likely to lose liberty
- Case concerns a point of law
- Individual is unable to understand the case (e.g a disability)
- Case involves interviewing/cross examining of witnesses
- Interest of another person that individual is represented e.g single mum
What is the means test?
If their income is over £22,325 in magistrates or £37,500 in crown, they will not qualify.
If it is very low they will receive full funding.
Under 16s, under 18s in full-time education and people on income support will immediately qualify.
what are some advantages of criminal aid funding?
allows access to justice
fair - lower income more likely to receive
duty solicitor is available to everyone over the phone
what are some disadvantages of criminal aid funding?
favours criminals - more likely to receive if you’re a reoffender
budget cuts
availability is low
means test is too long
What is the only government funded civil advice agency?
Civil Legal Advice helpline
What is the CLA?
Free initial legal advice if you qualify for legal aid e.g debt, education, discrimination, housing, family issues etc
What are the 5 other civil advice agencies?
- Insurance Firms
- Citizens Advice
- Law Centres
- Schemes by Lawyers
- Trade Unions
How do insurance firms offer civil legal advice?
legal assistance can be provided via an insurance policy if legal cover is purchased as an add on
How do citizens advice offer civil legal advice?
a charitable organisation staffed by employees who give consultations e.g debt, consumer issues, claiming benefits, housing etc
How do law centres offer civil legal advice?
Free, non-means tested advice centre in towns and cities.
1 full time working solicitor
