Legal Aid

Question 1

How can you access government funding for civil cases?

Answer 1

• Legal aid is available through the civil legal advice which is a government scheme which is accessible for a small range of civil issues .
• The client will have to pass a means and merits test
• The means test looks at both the claimants income and capital.
  -The means test may also look at their partners income if they have a contrary interest.
  -The merit test looks at the reason for taking the action and the chance of success.
  -There are only limited types of claims to be funded by legal aid.
  -If civil legal aid is granted it will pay for advice, assistance and legal representation by a lawyer.

Question 2

How can you access criminal legal aid funding for a case with the crown court?

Answer 2

• In the crown court there’s no upper limit on the clients disposable income
  -If you have a low income then legal aid will be available
  -If you have a higher income than low but below £37,500 disposable income you can access legal aid but must contribute, the higher the income the higher contribution that must be paid
  -If the defendant is found guilty then they might have to pay an extra amount by if they are found non-guilty then any contributions will be refunded.
• If a defendant has. disposable income over £37,500 they are ineligible for legal aid and will have pay privately for representation in court.

Question 3

What is the process of funding in criminal cases in the magistrates courts?

Answer 3

• In addition to the interests of justice test there is a strict means test to assess whether the defendant qualifies for legal aid
  -If you pass the initial or full means test, but if you fail that you will be ineligible and must pay for legal representation privately
  The means test is automatically satisfied if D is on low income, under the age of 16 or under the age of 18 and in full time education
• The first stage of the simple means test is calculated on the gross annual income, if the income is above a set figure they will not qualify for legal aid but if their income is below a certain figure they will qualify for legal aid.
• There will be a further means test to assess those in the middle bracket

Question 4

What are methods of private funding?

Answer 4

• Citizens advice
• Law centres
• Pro bono units
• Free representation units
• Trade unions
• Insurance companies
  -Charities