Legal Aid Flashcards
S4.LASPO 2012
- Merits test and means test should be completed
Civil Legal Aid Regulations 2013
-Specifics on HOW to complete the means and merit test
What law says Suspects have the right to access to a duty solicitor
S58. Police and Criminal Evidence Act 1984
S10. LASPO 2012
-” Exceptional funding” if not providing funding will infringe on your human rights
What does the Equality Act 2010 say about legal aid?
-Automatically pass the merits test as this is significant in the public interest
What law allows A solicitor to charge their hourly rate and uplift if they pursue the client’s case successfully
Courts and Legal Services Act 1990
Compensation act 2006
-Claims management service regulated by this law so that solicitors don’t overcharge their clients
S44. LASPO 2012
-The losing party is no longer paying court fees. The winning party is expected to pay out of their winnings
S14 LASPO 2012
-Magistrates court and crown courts means test
S13 LASPO 2012
-Duty solicitor is free for everyone regardless of income
R v Samuel 1998
-Contacting a duty solicitor cannot be delayed after the suspect has been charged, ONLY be delayed in rare cases (e.g. if this will alert accomplices).
Means test income specifics
Income of less than 2.7k a month and capital of no more than 8k and disposable income must be less than £733 p/month
Magistrates court: Initial means test
income between 12,475 and 22,325
The full means test takes things like clothing, food, and childcare into account.
Widgery Criteria
one or more requirements must be met (.e.g likely to lose livelihood)
Crown court means test:
household income less than 37,500 and capital considered
Lord Neuberger on legal aid
“The most vulnerable in society will be affected” when commenting on legal aid access
