Access To Justice Flashcards
Who is civil and criminal funding provided by and who was this created by?
-Funded by Legal aid agency
-Created by laspo
What cases is civil funding available for? How is this worked out?
-only limited number
-eg family, housing, debt, asylum and immigration
-strict merits test
Where can the merits test criteria be found and what does this include?
-s11 LASPO
-Included likely cost of providing the service, appropriateness of using funds for the case and the prospect of a successful claim
What else apart from the merits test do applicants need to pass for civil cases
-Means test. Disposable income and disposable capital of the applicant assessed
What is the legal aid agency?
-Gov agency who administrate civil and criminal legal aid
-make sure legal aid services provided by solicitors and barristers and non profit sector provided for the public
-fund civil and legal aid service
How is funding assessed for civil cases?
-Means test: D’s income and capital and partners will be considered together unless partner is victim. Income means tested. If have benefits then auto pass. Need to prove they don’t have enough to provide own lawyer
-Disposable income: is gross income below certain amount per month then need to calculate disposable, start with gross and take away necessities (tax NI childcare etc)if amount left below certain level then don’t have to pay, if above wont qualify, if between then pay monthly contribution
-Disposable capital: assets of a person, eg money in bank, savings, stocks and charges. To get funding max limit is £8000. Even if below can be asked to pay contribution. Only first £100000 of any mortgage taken from the value.
What is the criteria for legal aid under s10(3) of laspo 2012
-prospect of success
-public interest (real benefits to public_
-reasonable private paying individual test
-proportionality test - do benefits justify costs
-also can it be funded in another way
What are 5 examples of cases where you can be given civil aid?
-Repossession of property
-Homelessness
-Asylum and immigration
-protection from violence and harassment
-if granted will pay for advice, assistance and representation
Criminal funding…
…
Act for criminal funding
-S13 Legal aid sentencing and punishment of offenders at 2012 (LASPO)
What does s13 of LASPO provide for ppl in custody?
-advice and assistance at police station (duty solicitor, free, usually only telephone advice)
What are 3 other ways the Gov assist with criminal cases?
-Criminal legal aid services under legal aid agency in ministry of justice. Contacts with law firms to provide legal services to people charged with crim offence.
-S13 LASPO: initial advice and assistance for those arrested and in custody, duty sol or LAA approved law firm
-s15 LASPO: court cases, tribunals and extradition orders, advice and assistance available before during and after. Legal representation for those that qualify.
Means test for criminal cases
-D’s income and capital and those of partner unless they are victim. Considered together. Both crown and mag court.
-benefits then pass test
Merits test for criminal cases and examples
-Interests of justice - any matter in proceedings deciding against, lose liberty, livelihood or suffer damage, considerable POL, can’t understand proceedings, cross examination etc
-factors considered eg prev conviction, nature of offence, risk of custody, if d guilty more serious = more likely to qualify
What are the 3 different ways of private funding for civil and criminal cases
-Insurance
-own resources
-conditional fee agreement
