Access To Justice

Question 1

What is meant by access to justice?

Answer 1

Every person should be able to understand and protect their legal rights, regardless of their socio-economic status or personal circumstances

Question 2

What did the legal aid, sentencing and punishment of offenders act 2012 (LASPO) do?

Answer 2

Created the legal aid agency that oversees funding for criminal and civil cases

Question 3

What are the three types of government funding for criminal cases?

Answer 3

Duty solicitor schemes
Advice and assistance
Representation

Question 4

Who are duty solicitor schemes available to? And when are they available?

Answer 4

Anyone questioned at the police station, available 24 hours a day

Question 5

Who are duty solicitor schemes run by?

Answer 5

Local solicitors who have completed a police station qualification

Question 6

Duty solicitor schemes enter into a contract with legal aid agency to do what?

Answer 6

Provide legal advice to anyone being held in custody at police station

Question 7

How do duty solicitor schemes give advice?

Answer 7

By telephone unless solicitor can prove their physical attendance will “materially progress the case”

Question 8

What is the cost of duty solicitor schemes?

Answer 8

Assistance is free to all - not tested on means or merit

Question 9

Who are advice and assistance run by?

Answer 9

Solicitors who have completed a police station qualification

Question 10

Advice and assistance enter into a contract with legal aid agency to do what?

Answer 10

Provide legal advice AND assistance to anyone being held in custody at police station

Question 11

How do advice and assistance give advice?

Answer 11

Predatory work for someone charged with an offence e.g. help with application for legal representation and other paperwork

Question 12

What time is advice and assistance limited to?

Answer 12

1 hours work

Question 13

What is the cost of advice and assistance?

Answer 13

It is means tested - only those on low incomes qualify

Question 14

What is the exception to advice and assistance cost?

Answer 14

If a suspect is in cells awaiting a hearing at magistrates court and has no legal representation

Question 15

Who is legal representation run by?

Answer 15

Local solicitors or barristers

Question 16

Legal representation enter into a contract with legal aid agency to do what?

Answer 16

Provide legal representation for a defendant at trial

Question 17

What does legal representation do?

Answer 17

Covers all steps in preparation and representation of a case

Question 18

What is the cost of legal representation?

Answer 18

Tested on means (income) and merit (interests of justice)

Question 19

What are the 5 points they must fall under when being merits tested?

Answer 19

1. D is at serious risk if imprisonment/suffer serious damage of reputation
2. Case involves important point of law
3. D is unable to understand proceedings
4. Case will involve finding & questioning witnesses
5. In another persons interest that D is represented

Question 20

Magistrates court - legal representation?

Answer 20

Difficult to qualify unless on benefits or under 18 years old. Income above £22,325 - not eligible.

Question 21

Crown court - legal representation?

Answer 21

Automatically qualify for legal aid as case is more serious. If D has income of £37,500, he will pay for full cost of case, unless found not guilty

Question 22

What is government funding for civil cases? What does this mean?

Answer 22

Administered through government’s budget and set amount available each year - strict means test

Question 23

Means test for civil cases: Gross monthly income

Answer 23

Must be below £2,657

Question 24

Means test for civil cases: Disposable income

Answer 24

Must be less than £733, those with disposable income over £315 pay contribution

Question 25

Means test for civil cases: Capital?

Answer 25

Savings must be under £8,000. Contribution to be paid if between £3k and £8k

Question 26

Means test for civil cases: Benefits?

Answer 26

If you receive certain benefits you immediately qualify and don’t pay contributions

Question 27

Excluded matters for means test for civil cases?

Answer 27

Certain claims don’t qualify for legal aid including - personal injury, wills, small claims, divorce, defamation etc

Question 28

For civil cases, merit testing is also conducted. What is this based on?

Answer 28

Likelihood of success, amount of damages likely to be awarded and the conduct of the parties

Question 29

What is private funding?

Answer 29

Own resources for anyone who can afford it to fund a criminal or civil case

Question 30

Why is private funding sometimes not an option for everyone?

Answer 30

Often too expensive, smaller firms outside London charge around £150 an hour, big city firms can go up to £1k an hour