legal aid (p.1 s.b) Flashcards
what is the legal aid agency?
a government funded organisation that provides civil and criminal aid to those who need help with their legal problems
what is legal aid?
payment from public funds allowed to help pay for legal advice or proceedings
for what reasons may a person not get the legal help they need?
if a person:
•fails to see their problem has legal implications
•chooses not to pursue the case because of implications like cost and sees solicitors as unapproachable
•cannot find anyone that can help
s4 legal aid and punishment of offenders act 2012 (civil)
a means and merit test must be satisfied to access legal funding
-however some are automatically eligible through the passport system
what is the means test?
a calculation to work out financial eligibility for legal aid
•income must be less than £2700 per month
•capital of no more than £8000
what is the merit test? (civil)
civil legal aid will only apply to those who are likely to win their case on a ‘balance of probabilities’
what is a conditional fee agreement? (civil)
when the payment of the solicitor is dependent on the outcome of the case
-only used in certain situations
•also known as ‘no win no fee’
•alternative to legal aid
compensation act 2006 (civil)
ensures that solicitors are not overcharging a client - can’t go over 10% of the winnings
•links with conditional fee agreement
courts and legal services act 1990 (civil)
a solicitor can charge their usual hourly rate plus uplift if they pursue their clients case successfully
what is an uplift? (civil)
an uplift is an additional charge made by a solicitor for managing to get the client more money
s44 laspo act 2012 (civil)
the losing party in a case no longer is expected to pay the costs of the court case. the winning party is expected to pay their legal fees out of their winnings
what are the alternatives to legal aid? (civil)
•pro bono - cases done voluntarily without any payment
•insurance - protection from financial loss
•conditional fee agreement
s58 police and criminal evidence act 1984 (criminal)
suspects have the right to access a duty solicitor at the police station due to human rights and the rule of law
•links to rv samuel 1998
rv samuel 1998 (criminal)
access to a duty solicitor cannot be delayed after the suspect has been charged
what is criminal defence direct? (criminal)
sometimes if a duty solicitor does not turn up telephone advice is given
s14 laspo act (criminal)
•magistrates court
•have to pass the initial means test (takes in account household income) and the full means test (takes in account childcare, food, clothing etc)
merit test in magistrates court (criminal)
the more serious the charge + consequences, more likely one is to qualify
•widely criteria- one or more must be met:
-are you likely to lose your livelihood
-are you likely to lose liberty
-may not understand court proceedings
legal aid in the crown court (criminal)
means test - household income must be less than £37,500, if not the defendant may be liable to pay contributions
•widely criteria: one or more must be met
