access to justice and funding in criminal system

Question 1

access to justice and funding

Answer 1

• every person is entitled to access justice

Question 2

civil cases

Answer 2

• the costs exceed the damages received and there is an additional risk of the loser having to pay the winner’s costs

Question 3

criminal cases

Answer 3

• where a person’s liberty is at stake it is important for them to defend themselves so there are many sources of free legal advice available

Question 4

help lines (sources of legal advice)

Answer 4

gives information on:
- debt
- housing
- domestic abuse
- family issues
- discrimination

Question 5

citizens advice bureaux

Answer 5

• benefit entitlement
• debt problems
• consumer issues
• housing issues
• employment

Question 6

law centres

Answer 6

• aim to provide free legal advice and represent clients in certain circumstances
• funding comes from local authorities

Question 7

trade unions

Answer 7

• offer free legal advice for work related problem
• will also provide legal advice and representation for other issues such as personal injury

Question 8

own resources (funding cases)

Answer 8

• 150-1000 p/h for a solicitor when considering the area of law dealt with
• paid for through the defendant’s savings/income

Question 9

insurance (funding cases)

Answer 9

• some barristers have set up insurance policies for criminal defence costs

Question 10

public funding in criminal cases

Answer 10

• the legal aid agency makes contract with law firms to provide service to people charged with criminal offences
• D has to qualify under the ‘interests of justice’ test and means test to be represented

Question 11

interests of justice

Answer 11

• a defendant will only get funding if they can show that they come within one of five interests of justice factor

Question 12

interests of justice factor 1

Answer 12

• if the individual would lose their liberty, livelihood or suffer serious damage to reputation

Question 13

interests of justice factor 2

Answer 13

• consideration of a point of law

Question 14

interests of justice factor 3

Answer 14

• the individual is unable to understand the processings in court or the state of their own state

Question 15

interests of justice factor 4

Answer 15

• the case may involve tracing, interviewing or expert cross examination of witnesses

Question 16

interests of justice factor 5

Answer 16

• it is in the interests of another person that the individual be represented

Question 17

means testing in magistrates court

Answer 17

• taken on gross annual income (if you are above this level you don’t qualify)

Question 18

means testing in crown court

Answer 18

• the higher the defendant’s income, the higher their contributions towards the case
• below 37500: ineligible and have to pay privately