Legal Aid (Paper 1, 2, & 3)

Question 1

Legal Aid

Answer 1

Expert help from a lawyer, often advice but can also may need help presenting their case in court

Question 2

Act which governs legal aid

Answer 2

The Legal Aid Sentencing and Punishment of Offenders Act 2012, and it set up the Legal Aid Agency

Question 3

Legal help in criminal cases

Answer 3

Anyone held at a police station has the right to free legal advice, there is a duty solicitor scheme available 24 hours a day, it is a government funded service, the advice may be by telephone or face-to-face, there is no means test for this service

Question 4

To get representation in court in a criminal case, D has to qualify under which two tests

Answer 4

Interests of Justice Test and Means Test

Question 5

Interests of Justice Test

Answer 5

Has five factors: loss of liberty, loss of freedom, individual is unable to understand the court proceedings, witnesses needing to be traced and interviewed, and loss of livelihood/reputation

Question 6

Means Test

Answer 6

Assesses a person’s income and ability to pay by looking at their income and capital. Those on low income, benefits, or full time education automatically pass the means test

Question 7

Legal aid in civil cases

Answer 7

Not available for civil cases unless it is mentioned in LASPO

Question 8

Legal help in civil cases

Answer 8

Help lines, help from other agencies, citizens advice bureaux, law centres, trade unions

Question 9

Legal representation in civil cases

Answer 9

Means testing

Question 10

Private funding of cases

Answer 10

Own resources, insurance, conditional fee agreements