Access To Justice

Question 1

What is the Act and year that relates to legal aid?

Answer 1

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)

Question 2

What institution controls legal aid?

Answer 2

The Ministry of Justice

Question 3

What are the two types of legal aid offered in the UK?

Answer 3

Legal advice
Legal representation

Question 4

Where can a person go for civil advice?

Answer 4

Help lines
Civil Legal Advice (CLA)
Income limits low for funding

Question 5

Where can a person go for advice in a criminal case, what section allows this?

Answer 5

S.13 LASPO 2012
Duty solicitor scheme at police stations

Question 6

What are the financial restrictions to the duty solicitors scheme?

Answer 6

There aren’t any

Question 7

Who controls legal aid?

Answer 7

Under the jurisdiction of the Legal Aid Agency since 2013

Question 8

What does the director of legal aid case work do?

Answer 8

Supervises criminal legal aid decides if defendants qualify for duty solicitors

Question 9

Who decides the availability of Civil Funding?

Answer 9

LASPO 2012 allows Lord Chancellor to set criteria

Question 10

What does the Lord Chancellor consider when deciding the availability of civil legal aid?

Answer 10

Cost and benefit of providing service
Resources
Importance of individual
likely hood of success in claim
Public interest

Question 11

What claims are covered by Civil Legal Aid?

Answer 11

Children’s rights
Mental health tribunals

Question 12

What type of claims are not covered by Civil Legal Aid?

Answer 12

Contract and Tort
Trespassing

Question 13

What is the test that is carried out to allow Civil Legal Aid?

Answer 13

Means Testing

Question 14

What are the requirements to satisfy the ‘means test’ for civil legal aid ?

Answer 14

Less than £2657 gross income (unless 4+ children)
Less than £733 disposable income
Less then £8000 capital

Question 15

What is the test for criminal legal aid?

Answer 15

Must qualify under the interests of justice & means test

Question 16

What are the 5 points that a defendant can meet that satisfies the interests of justice?

Answer 16

Could loose liberty/reputation
Case involves consideration of POL
D doesn’t understand court proceedings
If case involves cross examination
If it is in the interest of another person that they are represented(rape)

Question 17

What is the means test for the magistrates court called?

Answer 17

“In or out” scheme

Question 18

What are the points that can satisfy the magistrates means test?

Answer 18

Under 16/18 in education
Income support
Those that meet income limits

Question 19

How may adults do not qualify for legal representation in the magistrates court?

Answer 19

3/4

Question 20

What is the upper income limit for the crown means test?

Answer 20

No upper income limit all considered

Question 21

What is the income limit that makes D have to contribute?

Answer 21

£37500 disposable income (unless takes you below that)

Question 22

What is meant by advice deserts?

Answer 22

Not enough legal advice available as poor pay

Question 23

What is meant by non availability and eligibility levels being problems?

Answer 23

Funding not available for many civil cases
Income levels low - more people representing themselves

Question 24

What is the problem with the income limits being where they are?

Answer 24

Penalises those in employment over unemployed

Question 25

What are some of the ways a person can privately fund there case?

Answer 25

There own resources - expensive Insurance After event policies (conditional fee agreements)

Question 26

What cases can a CFA be used in?

Answer 26

Civil

Question 27

What is a CFA?

Answer 27

No win no fee agreements - fee only paid if win

Question 28

W hat are some of the advantages of a CFA?

Answer 28

Offer alternative Widely available no upfront payment

Question 29

What are the disadvantages of a CFA?

Answer 29

Solicitors charge higher fee to cover risk of loosing Court costs may not be included Encourages “cherry picking” by solicitors Immoral tactics may be used to win case

Question 30

What are some other agencies a person can go to to get advice of aid?

Answer 30

Citizens Advice Bureau Pro Bono Law centres Schemes run by lawyers Charities (shelter homeless) Trade union Insurance company

Question 31

What is a positive of the civil legal aid offered?

Answer 31

Can gain advice CFAs make more affordable

Question 32

What are the disadvantages of Civil legal aid offered?

Answer 32

Paying lawyers expensive Civil legal aid funding budget decreasing

Question 33

What is a positive of the criminal legal; aid offered?

Answer 33

Free advice on prison vital Charges can affect persons future

Question 34

What are the disadvantages of the criminal legal aid offered?

Answer 34

Budget cuts No drop in crime More unrepresentative in mag Less solicitors learn criminal as not enough pay Means test to strict