Access To Justice Flashcards
(18 cards)
what is access to justice
Access to justice involves both an open system of justice and being able to fund the costs of a case.
how can a case be funded
You can fund a case privately (pay yourself)
conditional fee agreement (no win no fee)
insurance
public funding - legal aid (government)
what are some sources of legal advice
advocate, citizens advice bureau and unite the union, trade union
what is government funding known as
Legal Aid
Legal aid is under the control of and due to what act
the Ministry of Justice following the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012
what does the LASPO act stand for
Legal Aid, Sentencing and Punishment of Offenders Act 2012
when is legal aid avaliable
only avaliable if the case is serious and cannot afford legal fees and the case is eligible
means tested
it is means tested so is an assement of property and money - many people who on ther own home are not eligavle even though likely to not have any spare money
what are ‘advice deserts’
advice deserts’ where no publicly funded legal advice is available for citizens.
why is justice being seeiously denied
financial cuts
What will the head of criminal casework consider
likely to lose their liberty or loss of reputation
able to understand or present their case on their own
an important question of law.
what amount of money does not qualify for magistrates legal aid
£22325
what amounts allow for legal aid in the crown courts
£12475 - free legal aid
more than £12475 but less than £37500 disposable income - partial legal aid but will need to contribute, if found not guilty contributions returned
who is eligible in civil courts?
Gross monthly income over £2,657 Or disposable income over £733 = NOT eligible.
civil cases advantages
- C’s do not need to solely rely on lawyers for legal representation
- Various options available for legal advice/ assistance from various sources
- State funded legal aid (government)
- private funding allows for a better lawyer
civil cases disadvantages
- Problems with system of CFA’s: amount of compensation C received lowered due to lawyers’ fees and lawyer has to be convinced of winning before case is taken
- Cuts to funding and expense of using lawyers – more pressure of advice agencies (greater delays in accessing legal advice)
- Civil legal aid funding budget cut whilst number of civil claims increased
- Cost of legal fees (also paying winner’s costs)
criminal cases advantages
- Right to a fair trial – justice (Rule of law)
- A suspect in detention can obtain legal aid/assistance – prevents police from breaking the rules (Police and Criminal Evidence Act 1984)
- A person facing serious criminal charges – future affected – the availability of legal aid is essential to provide justice where a person cannot pay
- When suspect is detained all of their possessions are taken away – availability of legal aid without it being means tested is essential
criminal cases disadvantages
- Legal aid funding cut (budget cuts)
- There has not been a decrease in crime/ cases being heard in court
- Fewer firms providing criminal legal aid services as it does not pay them
- Rise in number of D’s in both Magistrates and Crown court who are not represented by experienced lawyers (cases taking longer, D’s found guilty incorrectly & denied justice)
