Legal Funding

Question 1

What act sets out the law on legal aid in criminal cases?

Answer 1

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Question 2

What updates the criteria and tests to do with legal aid?

Answer 2

A range of statutory instruments

Question 3

Who is legal aid controlled by?

Answer 3

The Legal Aid Agency

Question 4

What do the legal aid agency make?

Answer 4

Contracts with solicitors to provide advise for those charged

Question 5

What is the first scheme available for legal aid?

Answer 5

The DUTY SOLICITOR SCHEME

Free to anyone, 24 hours a day and the solicitors are on a rota system

Question 6

Why was the duty solicitor scheme reduced?

Answer 6

To exclude legal aid in offences such as drink driving and non-prison offences

Question 7

Are there tests in the duty solicitor scheme?

Answer 7

No, no merits or means test

Question 8

What is one of the main limitations of the duty solicitor scheme?

Answer 8

It is very costly as free to everyone

Question 9

What did Sanders in 1993 find about the duty solicitor scheme?

Answer 9

Suspects are sometimes not told their rights and the advice is often poor

Question 10

Since when can solicitors give phone advice?

Answer 10

2004 however this is typically the poorest type of advice

Question 11

What is the problem with solicitors and the duty solicitor scheme?

Answer 11

Many are not prepared to go onto the rota system due to not being paid much at all

Question 12

What is the second scheme available for legal aid?

Answer 12

The ADVICE AND ASSISTANCE SCHEME
Contracted solicitors who are limited to 1 hours work, this scheme includes advice and representation at the magistrates court

Question 13

What test is used in the advice and assistance scheme?

Answer 13

A means test (legal funding is sometimes not available for a full representation)

Question 14

What are the categories in a means test?

Answer 14

At the Magistrates - under 26, 18 and in full time education or on benefits
For others there is a formula calculating the disposable income
Same for the Crown Court

Question 15

Why are levels of the means test very low?

Answer 15

Because only 1/4 adults qualify

Question 16

What happens if you are found guilty after using a means test?

Answer 16

You have to pay extra from your capital if it is over £30,000

Question 17

What happens if you are found not guilty and you have not been given a full legal funding aid?

Answer 17

You will normally be refunded

Question 18

What is the interest of justice test?

Answer 18

Is it fair to provide the defendant with legal funding?

Question 19

What are the 5 questions asked in an interest of justice test?

Answer 19

Would the offence lead to imprisonment?
Does the case involve a substantial question of law?
Can the accused understand the proceedings?
Does the nature of the offence involve interviewing witnesses etc?
Is it in the interests of someone other than the accused that they get legal funding? (e.g. if they have a young child)

Question 20

What is the main problem with the whole concept of legal aid?

Answer 20

Government cutbacks have increased (e.g. after the Carter Review 2006)

Question 21

What is the lowest lawyers get paid for a last minute guilty plea?

Answer 21

£46 an hour, so many refuse to take part

Question 22

What act made further cuts to legal funding?

Answer 22

The Legal Aid, Sentencing and Punishment of Offenders Act 2012

Question 23

Why were many cases excluded from legal aid exceptions?

Answer 23

To save the government £350million from the civil legal aid budget

Question 24

What is the problem with more legal aid being promised?

Answer 24

It is difficult to assess whether this is enough

Question 25

What are the 2 problems with the legal aid tests?

Answer 25

The tests are very strict and expensive and there is an extreme lack of lawyers

Question 26

What has not grown inline with inflation?

Answer 26

The budget for legal funding - major weakness