Paper 1.7 - Access to justice

Question 1

Access to justice programmes do what?

Answer 1

Provide people with legal advice and funding for legal fees.

Question 2

What does the LASPO Act 2012 stand for?

Answer 2

Legal Aid, Sentencing and Punishment of Offenders Act.

Question 3

What did the LASPO Act 2012 create and why?

Answer 3

Legal Aid Agency, to ensure solicitors and barristers are providing legal aid services to the public.

Question 4

What scheme does the Legal Aid Agency run for those in need of criminal defence?

Answer 4

The Public Defender Service.

Question 5

What scheme does the Legal Aid Agency run for those whose rights have been infringed?

Answer 5

Civil Legal Advice Service.

Question 6

What types of cases is government funding available for?

Answer 6

Housing.
Domestic Abuse.
Benefits.
Family Mediation.

Question 7

What key type of civil case is there absolutely no government funding for?

Answer 7

Personal injury.

Question 8

What two types of test must a case pass to receive government funding?

Answer 8

Merits and means tests.

Question 9

What is a merits test?

Answer 9

Legal aid is more available to those who have a case that is:
In public interest
High likelihood of success
Reasonable price
Serious offence.

Question 10

What is a means test?

Answer 10

Legal aid is available to those that:
Have an income of less than £2,657 a month
Are on benefits.

Question 11

What is a duty solicitor?

Answer 11

A solicitor that works on call, giving free legal advice to those who have been arrested.

Question 12

Which section of which Act does the creation of the duty solicitor come from?

Answer 12

s13 of the LASPO 2012 Act.

Question 13

What are the seven other public advice agencies apart from the Legal Aid Agency? (HINT: C.U.L.T C.A.P)

Answer 13

Citizens’ Advice
Uni Street Law schemes
Law Centre
Trade Union
Charity
ACAS
Pro Bono

Question 14

What does Citizens’ Advice do in terms of legal aid?

Answer 14

Give free general legal advice, mainly linked with welfare issues.

Question 15

What do Law Centres do in terms of legal aid?

Answer 15

Give free, non-means-tested legal service; depends on the availability of solicitors.

Question 16

What do Trade Unions do in terms of legal aid?

Answer 16

Offer all members free legal advice / representation for all work related cases.

Question 17

What do Pro Bono units do in terms of legal aid?

Answer 17

Pro bono solicitors / barristers offer free half hour interviews to advise any claimant on their case.

Question 18

What do charities do in terms of legal aid?

Answer 18

Depends on charity; EG Gingerbread helps kids emancipate from abusive parents, Shelter funds cases of homeless people.

Question 19

What do University Street Law Schemes do in terms of legal aid?

Answer 19

Undergraduate students provide advice clinics to members of the public.

Question 20

What do ACAS do in terms of legal aid?

Answer 20

Help advise those with a suit in employment law.

Question 21

What are the three types of private funding?

Answer 21

Own resources
Insurance
Conditional Fee Agreements.

Question 22

What is the average hourly rate of a solicitor?

Answer 22

£300 / hour; depending on case and solicitor.

Question 23

What types of insurance can provide legal representation?

Answer 23

EG
Car insurance can provide personal injury in the vehicle
House insurance can provide damage to property.

Question 24

What are Conditional Fee Agreements also known as?

Answer 24

‘No win, no fee’ solicitors.

Question 25

What types of cases cannot have CFA solicitors? (2)

Answer 25

Criminal and Family.

Question 26

What is the financial process for using a CFA solicitor?

Answer 26

A normal fee and a success fee are drafted.
Success fee can be up to 25% of total damages.
Upon winning the case, both the normal fee and success fee are deducted from the winnings, leaving the C with the rest.

Question 27

Name four advantages to the current access to justice schemes.

Answer 27

EG
Trials in Magistrates’ court are already quick and cheap.
Duty solicitors protect suspects from police abuse of power.
CFAs allow claimants to have proper legal representation for cheap.
Range of places offer free legal advice (no reliance on solicitors)

Question 28

Name four disadvantages to the current access to justice schemes.

Answer 28

EG
Means testing is extremely strict; aid caps haven’t increased.
Duty solicitors may not take job seriously; misrepresentation.
CFAs only take strong cases.
Civil legal aid has been cut by £1 bn since 2010.