The Legal System - access to justice Flashcards
What is access to justice?
A system that ensures access to justice is therefore fundamental to the rule of law, and the idea that everyone is equal before the law
Why is it needed in criminal law?
A person’s liberty is at stake, making access to high quality legal advice absolutely vital
What is legal aid?
Money provided by state to pay the legal fees of those who could not otherwise afford it
What is the role of the civil legal adivce service?
Provides free and confidential advice in civil law matters such as debt, housing and domestic abuse
What is the role of public defender service (criminal cases)
Provides…
- range of services within the criminal defence market
- free, full representation of defendants from police station through to courts, even on appeal
- free advice and assistance when person is under arrest at any time
- advocacy service, access to 25 advocates
Is the civil legal advice service and public defender service merit tested?
Civil - yes, via gov.uk website
Criminal - yes, but eligibility for free criminal legal aid is handled by defendants solicitor/barrister
What is the legal aid agency?
To ensure that legal aid services from solicitors, barristers and the not-for-profit sector are available to the general public
- Fund civil legal advice service
- Publish evidence on decisions made on whether or not to fund case
- Run public defender service
What is private funding?
Requires citizens to pay/contribute for legal services themselves
- by using your own resources to pay legal fees/raising the funds, people often take out a loan/mortgaging a home
- this can put people in financial difficulties/prevent them perusing a case
What are conditional fees?
(give an evaluation point)
CFA introduced as an alternative way to privately fund civil case
- client pay the solicitor’s fees if they win, pays nothing if they loose
Agreement is struck between client and solicitor that any costs are paid from compensation received if they win the case, along with ‘success fees’
What are other advice agencies?
Sometimes ‘free’ legal advice is available to members of organisations via a paid subscription to a general service
Name 4 alternative sources of legal advice and explain method of assistance
Citizens advice bureaux - town centred based legal advice agency providing general legal advice face to face via phone or online
Law Centres Network - free access to legal advice from solicitors for those who can’t afford a lawyer
Trade Unions - specific, targeted advice on issues relevant to the trades union - generally on employment issues
Insurance companies - can be taken out before or after the event - in anticipation of fighting or defending a legal case, or to insure against losing a case and having to pay the other side’s cost as well as damages
What are the advantages of legal aid? (3)
- explain briefly
Allows some people with serious legal issues to obtain free legal advice
Ensures that some of the poorest members of society obtain legal representation - helps to address the idea that everyone should be equal before the law, accordance with the rule of law
Legal aid contributes to procedural justice - the idea we should have a fair system of justice as well as fair legal rules
What is a disadvantage of legal aid? (4)
Civil legal aid is unavailable for employment tribunals
Less attractive to qualified solicitors as fee rates are lower than private clients
Funding capped by government - traditionally results in criminal funding taking priority over civil due to potential loss of liberty in criminal cases
