Legal System - Access to Justice Flashcards
Legal Aid, Sentencing and Punishment Of Offenders Act 2012 (LASPO)
2 main services:
- Legal help (advice)
- Legal representation
Civil Helplines
Civil Legal Advice: debt, housing, domestic abuse, family issues
Civil Help
Legal Aid Agency has contracts with law firms
Advice given to people with lower incomes
Income limits set very low (excludes a lot of people)
Criminal Legal Help
S.13 LASPO 2012:
Duty solicitor scheme available in all police stations
Advice may be telephone/face to face
Attendance at police stations Advice only available if:
1: D is vulnerable
2: Attendance needed to progress case
No financial restrictions
Person attending police station may not be solicitor, accredited representative from firm
Legal Aid Agency Criminal Advice
2013: Criminal Legal aid services under jurisdiction of Legal Aid Agency
Director of Legal Aid Casework supervises legal aid
Agency makes contacts with law firms to provide legal services to people charged with criminal offences
S13 LASPO: Initial advice will be available to people detained at police stations, and they qualify for advice
Director must have regards to interests of justice in making determination
Advice and provided by duty solicitors, telephone advice preferred to solicitor
2004: Solicitors can claim for attending police station if it was to ‘materially progress case’
Criteria For Civil Legal Aid Services
LASPO 2012:
-Cost/benefit for providing service
-Availability of resources
-Avaliability of other services (mediation)
-Likely prospect of success of claim
-Public interest
Availability Of Civil Legal Aid
A lot more restrictions on legal aid
Contract and tort claims no longer covered
Trespass to person, land or property not covered
Cases covered: Children’s rights, liberty of individual
Civil Means Testing
People receive income support or job seekers allowance automatically qualify
Less than £2600 gross income
Less than £700 disposable income
Less than £8000 capital
Criminal Testing
Criminal legal aid run by Legal Aid Agency under Ministry Of Justice
Contracts with law firms who provide Legal services to defendants in criminal cases
Mostly dealt with by solicitors, not always
D must qualify under interests of justice, and means test
Criminal Interests Of Justice
1: Could lose his liberty or livelihood or suffer serious damage to reputation
2: case involves consideration of POL
3: D is unable to understand proceedings in court or to state his own case
4: Case may involve tracing, interviewing or expert cross examination of witnesses
5: It is in the interests of another person that the individual be represented
(eg rape case)
Magistrates Means Test
Called in or out scheme
Either eligible or ineligible based on means test
Following Ds are eligible:
Under 16, under 18 in full time education
Levels set very low, 3/4 don’t qualify
Crown Means Test
No upper limit on disposable income
Most Ds can receive legal aid
Free for those on low incomes
Above £37,500 income are ineligible
Less £37,500 disposable income, extra assistance
If defendant is found guilty, have to pay extra from captial
If not guilty any contributions refunded
