Legal Funding Flashcards
Intro to legal funding question
The legal aid sentencing and punishment of offenders act (LASPO) established the legal Aid Agency to act as an umbrella corporation that provides legal aid as according to the rule of law all should be treated equally before the law and so all should be equally served before the law and therefore (enter D’s name) should not be denied justice due to a lack of funds
What created the Legal aid agency
S.38 of LASPO
What is the legal aid agency
A state funded system designed to help the poorest in society with the cost of legal advice and representation through lawyers and agency’s
Criminal funding is contained in which sections and what do they cover?
S.13-22 LASPO and the Criminal legal aid regulations. It covers crime higher for the crown court and above and crime lower for the police station and mags court
What is the purpose of legal aid
To maintain the fundamental principle that those facing trial shouldn’t lack resources and proper representation that might cause a wrongful conviction as per article 6 ECHR
What is the budget for the Legal aid agency
The system is demand led so there is no fix budget the higher levels of crime the higher the funding since it’s impossible to pre determined crime rates then the budget isn’t fixed or else some people may be denied funding which would be against their human rights
What can legal aid provide in court for a defendant
Covers all criminal proceedings pays for a solicitor and represents the client in court as well as possibly covering the cost of a barrister in the crown court
There are three levels of service the legal aid agency offer what does Advice and Assistance entail (this isn’t merit or means tested)
- Duty solicitor scheme in the police station this is available pre trial
- When the suspect arrives at the police station the custody officer needs to ensure a poster of available rights accessible to the suspect as per s.39 PACE and Code C
- S.58 PACE provides that every person arrested on suspicion of a crime had the right to private and free legal advice 24 hours a day either in person or over the phone
- This is limited by offences that are non imprisonable and drink driving offences or if they were in breach of their bail conditions in these circumstances only telephone calls will be available
- s.57 PACE always face to face consultations this right can be restricted by 36 hours if indictable offence and superintendent authorises
- A duty solicitor must be a member of the Law Society’s criminal litigation Accreditation
There are three levels of service the legal aid agency offer what does Advocacy assistance entail (Merit tested only)
This covers the cost of a solicitor to prepare the case and initial court proceedings. This is mainly used for those individuals who would not be represented on their first court appearance because they don’t have a solicitor. Merit test only
There are three levels of service the legal aid agency offer what does Representation entail (both means and merit tested)
- Arguably the most important aspect of help provided this applies once a suspect has been charged with an offence. It therefore covers the cost of a solicitor applying for bail preparing a defence and representation by a solicitor in court or a barrister in the crown court
- The legal aid agency employs public defenders which have a contract from the government to undertake the work their fees are fixed ( continually being cut) and based on the nature of the offence and type of case and due to the cuts this has lead to advice deserts
What is the merits test also known as the interests of justice test
- Governed by s.17 LASPO looks at whether it will be in the interests of justice to provide criminal legal aid
- Qualification is automatic if the defendant is charge with murder or is appealing to the SC
- Others reasons for qualification- If convicted likely to get custodial sentence, case involves a substantial point of law, D can’t speak English due to lack of knowledge or mental/physical disability or finally if cross examining is needed/interviewing witnesses on behalf of the client or if it’s in another persons interest D be represented
What is the means test
Looks at Ds means to pay: automatic qualification for those on benefits or under 18
- Representation in the Mags must be below £22,325 to qualify
- Representation in the Crown if suspect passed merit test they automatically pass this test but may need to make contributions in accordance with criminal legal aid regulations for those whose income is over £33,000 if so they will pay this back with interest. It’s estimated contributions will only be asked from 25% of suspects
REMEMBER TO APPLY TO SCENARIO
REMEMBER TO APPLY TO SCENARIO
