access to justice Flashcards
(50 cards)
what are the 3 types of funding
public
private
other sources of advice
what is public funding
comes from the government (from public funds/taxes).
what created a legal aid agency
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)
what are the funding for civil cases allowed for
limited funds available
only for social justice issues (housing, family, immigration and asylum, debt).
what section of LASPO set out tests
s.11
what do these tests look at
Availability of resources
Appropriateness of using public funds for those resources
Prospect of success
Public interest
what are the 4 issues of government/public funding in civil cases
Cuts in the budget
Personal injury excluded
Reduced number of firms offering help
Rise in People Representing Themselves
cuts in budget dev
Has been reduced drastically, especially for civil cases.
Bar Council – “huge threat to justice”
creates a system where only the wealthy can afford proper legal support- how is this justice?
cuts in budget extra
Makes it much harder for people to get justice in civil issues.
Cuts across all government budgets (NHS, Education etc)
personal injury excluded dev
Regardless of extent of damage, no legal aid for personal injury claims so private funding only
personal injury excluded extra
Conditional fee arrangements (No win, no fee) can help but have their own issues
Reduced number of firms offering help dev
Fixed-fee civil solicitors dropped from 3750 to 2500 over 7 years meaning there is a lack of solicitors firms providing legal aid services
Reduced number of firms offering help extra
Can also vary between regions so leads to ‘advice deserts’ in some areas
Rise in People Representing Themselves
dev
Many people will end up representing themselves in court (called a ‘litigant in person’) = lack of balance between parties
have a lack of legal knowledge and could be unfair so unfair outcome for that party
Rise in People Representing Themselves extra
This usually only happens in minor cases, and there are places these people can go to for advice before they go to court
in terms of public funding what is a merits test
Is it in the interests of justice to provide the funds?
Passed if the case involves:
Potential loss of liberty
A point of law that needs clarifying
A suspect who is unable to understand English, or to follow the case due to hearing/visual impairment
Witnesses
The interests of another person
in terms of public funding what is the means test
Based on the amount of money the defendant has
For a case in the Magistrate’s Court, if D earns above £22,000 they cannot have free legal advice
In the Crown Court this is £37,500
Also consider savings – anything above £8,000 would stop free legal advice
what are the 4 issues of government/public funding in criminal cases
cuts in the budget
means test
merits test
Less firms providing legal aid
cuts in budget dev
Constant cuts to legal aid budget but no drop in the number of crimes = the system cannot keep up. Cut from £1.2 billion to £850 million in 10 years
cuts in budget extra
lack of legal representation leads to lack of a fair trial under Article 6 ECHR
merits test dev
Interests of justice test needs to be passed including risk of prison so only most serious offenders getting help and denying justice to many
merits test extra
Also means first time offenders less likely to get help as less likely to go to prison – instead repeat offenders get help which is unfair as they’ve shown a pattern of offending
means test dev
Low income levels on means test = only 25% qualify in Magistrates Court = risk of injustice
means test extra
Issue for middle-income who earn too much to qualify but too little to cover legal fees
