Legal system - 1.4 Access to justice

Question 1

what is the problems with access to justice?

Answer 1

• lack of knowledge
• costs
• Intimidated by lawyers.
• When a person cannot get help they need, they are being denied access to justice.
• Access to justice involves an open system of justice and being able to fund the costs of a case.
• However, there are issues that some cases are very expensive and can sometimes be more costly that the actual damages awarded.
• There are sometimes additional costs in civil cases where the loser must pay the winners cost.
• In criminal cases, a F may be at risk and it is essential that they can defend themselves properly.

Question 2

what is government scheme?

Answer 2

• The legal service commission in 2000, introduced the legal aid scheme in england and wales. Set up by the gov to run legal aid for civil and criminal law.
• It was criticised for financial management.
• The LASPO in 2012 was brought, in abolished in 2012 to bring legal justice of ministry for this LASPO in 2012.

Question 3

what is legal aid, sentencing and punishment of offenders (LASPO 2012) ?

Answer 3

• legal help - Advice can be give.
• Legal representation - full services for the duration of the case.
• Family medication and representation for immigrant cases available.

Question 4

what is legal aid under laspo?

Answer 4

• Funding for aid used to be available for all services except those expressly excluded.
• contract and tort cases were previously was aid but are excluded.
• funding only available for types of civil cases mentioned in act or limited regulations.
• E.g: cases linked to mental health tribunals (where if a person should be detained in mental health hospital) and cases of asylum seeking.
• The civil legal advice (CLA) services provides specialist legal advice to people in england and wales, helps with debt, education, discrimination, housing and family issues.
• Financial circumstances. Includes details of theirs and if necessary their partners benefits, income, saving, spending and National insurance number. if it looks like they qualify.

Question 5

what is the role of civil legal advice?

Answer 5

• domestics abuse.
• child taken into care.
• Special education needs (sen).
• 160,000 telephoned CLA.

Question 6

what is the role of citizen advices?

Answer 6

• give advices on social welfare and debt.
• 25,00 across the country.
• are affordable on initial interviews.
• Entitlement to benefits, debt, consumer issues, housing issues, employment issues.

Question 7

what is citizen advice on criminal cases?

Answer 7

• anyone held as a suspect has a right to free legal advice.
• Duty solictors scheme available 24 hours per day — this is gov funded.
• 2016 — over 650,000 suspects accessed this.
• telephone or face to face. not means tested.

Question 8

what is civil dispute for citizen advice?

Answer 8

• job seekers allowance
• income support.
• Determine disposable income (after housing, childcare, personal allowance)
• Minimum and maximum income thereshold.

Disposable capital (saving, jewellery).

Question 9

what is criminal charges?

Answer 9

• issues of liberty, livehood, serious damage to reputation.
• case involves consideration of a point of law.
• individual unable to understand proceedings/make own case.
• Interests of another person to have representation (e.g rape case).

Question 10

what is constitutional fees agreements?

Answer 10

• when a person finds their case and if he loses the case, he has to pay for the cost of the other party, to overcome this problem. Conditional fee agreements (CFA) is used in civil cases, except family cases and criminal cases.
• the solictors and client agree on a fee that would be normally be charged for a case. It sets out solictors success fee is if he/she wins the case. if the case is lost, there is no fees, known as “no win, no fees”.
• Most agreements will include a ‘cap’ on success fee, prevent it to be more than 25 percent of damages. It protects the client to lay more when he/she won the compensation. It means client is left with little of their damage. A winner claimant cannot claim the success fee back from D.

Question 11

what is a law centres?

Answer 11

• offer free, non means tested legal service to people in their area, their aim is to provide legal advice in areas of few solicitors.

Question 12

what is private funding?

Answer 12

• own money:
• Anyone who has the money to afford a solicitor.
• if your legal problem is unusual area of law, it is necessary to travel to another town to find a solicitor who deals with it.
• The average cost of solictor outside of london is £150 per hour. In london big firm kg solictors charges at least £600 per hour, and can be £1000 per hour.
• In civil case you can contact a barrister without going to a solicitor. And this cheaper than a solicitor.

Question 13

what is legal insurance?

Answer 13

• legal insurance, is example of road accident, policies for home insurance, visitor injured on the premises, insurance against legal cost, and “after the event” cost insurance, and motor insurance and “before the event” cost.

Question 14

what is funding in law centres?

Answer 14

• Law centres struggled to secure enough funding. And some law centres had to close, they receive funding from central government, but it was cut of funding.

Question 15

what is a trade union?

Answer 15

• offers the members free legal advice for all work related problems.
• Many offer legal advice in other legal problems. E.g personal injury. The biggest trade union gives free advice and free legal representation for any personal injury cases.
• Bar pro bono unit:
• gives free legal advice for people who can’t afford to pay and cant get legal aid. They will give advice on any area of law, and if necessary, represent the client in court proceedings.