Legal Aid - Papers 1, 2, 3

Question 1

What is legal aid?

Answer 1

Help and advice about a legal problem

Question 2

Which Act of Parliament covers legal funding?

Answer 2

Legal Aid Sentencing and Punishment of Offenders (LASPO) Act 2012

Question 3

Why is legal advice important in criminal cases?

Answer 3

A person’s liberty may be at risk, so it is important they are able to defend themselves properly

Question 4

Describe the duty solicitor scheme available for anyone held as a suspect at a police station

Answer 4

It is available 24 hours a day

It is a government funded service and the advice may be by telephone or face-to-face

There is no means test available for this service

Question 5

Which two tests does a defendant have to qualify under in order to get representation at court for a criminal case?

Answer 5

The Interests of Justice Test and a Means Test

Question 6

What are the five factors under the Interests of Justice test?

Answer 6

1) Whether the individual is likely to lose their liberty or livelihood or suffer serious damage to their reputation

2) The case will involve consideration of a point of law

3) The individual is unable to understand the proceedings in court or to state their own case

4) The case may involve the tracing, interviewing or expert cross-examination of witnesses

5) It is in the interests of another person that the individual be represented

Question 7

What does a means test do?

Answer 7

Assesses a person’s income and ability to pay by looking at their income and capital

Question 8

Who will automatically pass the means test?

Answer 8

Those on:
1) Income Support
2) Benefits
3) Under the age of 16
4) Under 18 in full time education

Question 9

Which types of civil cases is legal aid allowed for under LASPOA 2012?

Answer 9

1) Those involving children’s rights
2) Cases involving mental health
3) Cases involving claims for asylum

Question 10

What are the four main forms of legal help in civil cases?

Answer 10

1) Help Lines
2) Citizens Advice Bureau
3) Law Centres
4) Trade Unions

Question 11

What is the main Help Line?

Answer 11

Civil Legal Advice (CLA)

Question 12

What types of issues will Citizens Advice give anyone advice regarding?

Answer 12

• Social welfare problems and debt
• Entitlement to benefits
• Debt problems
• Housing issues
• Employment issues

Question 13

What is the aim of Law Centres?

Answer 13

Provide free legal advice, and sometimes representation, in areas where there are few solicitors, so many of their clients are disadvantaged

Question 14

What factors should be taken into consideration before offering legal aid services under LASPO 2012?

Answer 14

• The cost of the service and benefit from it
• The individual’s prospect of success in the dispute
• The public interest

Question 15

What are the three main ways of privately funding a case?

Answer 15

1) Own Resources
2) Insurance
3) Conditional Fee Agreements

Question 16

What is meant by ‘before the event’ insurance?

Answer 16

When there is no known legal claim

Question 17

What is ‘after the event’ insurance?

Answer 17

Where someone who is taking a case to court insures against losing the case and having to pay the other side’s costs

Question 18

What is a conditional fee agreement?

Answer 18

An agreement made on the basis that, if the case is lost, the client pays nothing, but if the case is won the client has to pay

Question 19

What is the success fee in a conditional fee agreement usually capped at?

Answer 19

25% of the winnings