Legal Aid Flashcards
What is Legal Aid?
Expert help from lawyers, advice and presenting in court case.
What is the act governing legal aid?
Legal Aid Sentencing and Punishment and Offenders Act 2012. Set by Legal Aid Agency.
How to get help in legal criminal cases?
Anyone held at police station in office can offer free legal advice. Also, duty solicitor scheme available 24hrs. This is Government funded. Can be telephone or face-to-face.
How to get representation in court - criminal case, much better 2 qualifying test?
Interest of justice test
Means test
What is the interest of justice test?
5 factors;
1) Loss of liberty
2) Loss of freedom
3) Unable to understand court proceedings
4) Witness trace and interviewed
5) Loss of Livelihood
What is the means test?
Looks at a persons income and capital and their ability to pay. Those on;
1) Benefits
2) Low Income
3) Full time education
Will automatically pass test
What is the legal aid in civil cases?
It’s not available in civil cases unless in LASPO.
What can be used as legal help in civil cases?
1) Help lines
2) Law centres
3) Help from other agencies
How can you get legal representation in civil cases?
Means testing.
How can you get private funding of cases?
1) Own resources
2) Insurance
3) Conditional fee agreements