Legal Aid Flashcards
Why is access to justice necessary in criminal cases?
A person’s liberty is at risk so it is essential that they are able to defend themselves properly
How is legal funding covered?
LASPOA 2012, which set up the Legal Aid Agency
Who set up the Legal Aid Agency?
Legal Aid Sentencing and Punishment of Offenders Act 2012
Who has the right to Legal Aid in Criminal Cases?
Anyone that is held as a suspect at a police station has the right to free legal advice
What is a scheme of Legal Aid in Criminal Cases?
Duty Solicitor Scheme
Available 24/7
What is the government funded service for legal aid in criminal cases?
Duty Solicitor Scheme
How is the advice from the Duty Solicitor Scheme given?
Either over the phone or can be face to face
Who is the Duty Solicitor Scheme available to?
Everyone
What does the defendant have to qualify for in order to have representation in a criminal case?
The defendant has to qualify under the ‘interests of justice’ test
They need to qualify with at least one of five ‘interests of justice’ factors
Interests of justice factors
Whether the individual is likely to lose their liberty
Their case will involve consideration on a point of law
The individual is unable to present their own case
The case requires cross examination of witnesses
It is in the interests of another person that the defendant be represented
What is the means test?
A test which assesses a person’s income and ability to pay by looking at their income
Where may the means test take place?
Magistrates Court
Crown Court
Who automatically passes the means test?
Those on Income support
Those on Benefits
Under the age of 16
Under the age of 18 in full time education
If a person has earnings which are too high what does this mean?
They will have to pay their own legal costs
Is legal aid available in civil cases?
Under LASPOA 2012, it is unavailable in civil cases unless it is mentioned in an Act
What types of civil cases allow for there to be legal aid?
Involving children’s rights
Involving mental health
Cases involving claims for asylum
Examples of Legal Help in Civil Cases
Help lines
Citizens Advice Bureaux
Law Centres
Trade Unions
What are help lines?
CLA is a government funded scheme for providing advice for issues such as debt, domestic violence, family issues and discrimination
What is the Citizens Advice Bereaux?
Gives general advice which is free to anyone
Mostly connected to welfare issues and debt
What do Law Centres do?
Offer a free non-means test legal service to people in their area
Their aim is to provide free legal advice and sometimes representation, in areas where there are few solicitors
What do Trade Unions do?
Offer their members free legal advice for all work related problems
Factors set out my LASPOA 2012 before offering legal aid
Cost of the service
Benefit of the service
Public interest
Ways of privately funding a case
Own resources
Insurance
Conditional fee agreements
Own resources for privately funding a case
They pay for a solicitior or barrister personally
Insurance for privately funding a case examples
Car insurance
Home insurance
