Access to Justice

Question 1

What is the Legal Aid Agency?

Answer 1

A government agency that provides civil and criminal legal aid in England and Wales.

Question 2

What are the 3 roles of the Legal Aid Agency?

Answer 2

Ensure access to legal aid services, fund Civil Legal Advice (CLA), run the Public Defender Service.

Question 3

What is Civil Legal Advice (CLA)?

Answer 3

A free legal advice service for eligible people on civil issues.

Question 4

What does the CLA help with?

Answer 4

Debt, education, discrimination, housing, family issues.

Question 5

What does civil legal aid cover?

Answer 5

Legal advice, mediation, and court representation in some civil disputes.

Question 6

What tests must be passed to qualify for civil legal aid?

Answer 6

Means test: Looks at income, capital, and partner’s finances. Merits test: Looks at reason for case and chance of success.

Question 7

What types of civil cases qualify for legal aid?

Answer 7

Repossession, homelessness, asylum/immigration, protection from violence or harassment.

Question 8

What happens if someone doesn’t qualify for civil legal aid?

Answer 8

They must pay themselves or use a Conditional Fee Agreement (CFA).

Question 9

Who provides criminal legal aid?

Answer 9

The Legal Aid Agency via contracts with law firms.

Question 10

Is legal advice in police custody means tested?

Answer 10

No.

Question 11

Who gives legal advice in police custody?

Answer 11

Duty solicitors.

Question 12

How is advice in custody usually given?

Answer 12

By telephone or face-to-face (if needed to progress the case).

Question 13

What law provides for legal aid in custody?

Answer 13

S13 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

Question 14

When can a solicitor claim for attending the police station?

Answer 14

Only if it would materially progress the case.

Question 15

What tests must be passed for legal aid after being charged?

Answer 15

Means test: Assesses income and capital (including partner’s). Merits test: Based on the “interests of justice”.

Question 16

Who automatically passes the means test?

Answer 16

Defendants on state benefits.

Question 17

What factors affect the merits test?

Answer 17

Previous convictions, nature of offence, risk of custody.

Question 18

What is private legal funding?

Answer 18

Paying a solicitor or barrister directly.

Question 19

How do solicitors charge privately?

Answer 19

Usually by the hour, depending on case complexity and time spent.

Question 20

What is a Conditional Fee Agreement (CFA)?

Answer 20

A “no win, no fee” deal for civil cases (not used in criminal/family).

Question 21

What happens if the client wins under a CFA?

Answer 21

The solicitor is paid, a success fee may be charged, legal costs are usually recovered from the losing party.

Question 22

What happens if the client loses?

Answer 22

The solicitor gets nothing — no fee is charged.

Question 23

What insurance is used with CFAs?

Answer 23

After-the-event insurance to cover costs if the case is lost.

Question 24

What is Citizens Advice?

Answer 24

A charity offering free advice on many legal and personal issues.

Question 25

What issues does Citizens Advice help with?

Answer 25

Debt, consumer issues, welfare benefits, housing, employment.

Question 26

Do Citizens Advice offices work with solicitors?

Answer 26

Yes, some run free or low-cost legal advice clinics.

Question 27

What are Law Centres?

Answer 27

Free, local, non-means tested legal advice centres.

Question 28

Who works in Law Centres?

Answer 28

At least one solicitor and volunteers.

Question 29

How many Law Centres are in the UK?

Answer 29

41 (approx.).

Question 30

How are Law Centres funded?

Answer 30

Central/local government, but funding is limited.

Question 31

What is the Pro Bono Unit (Advocate)?

Answer 31

Volunteer barristers offering free legal help to those who can't afford it and don't qualify for legal aid.

Question 32

What types of cases does Advocate help with?

Answer 32

Civil cases (including representation in court).

Question 33

What is the Free Representation Unit (FRU)?

Answer 33

A group that offers free advice and representation in social security tribunals and employment tribunals.

Question 34

Who works at the FRU?

Answer 34

Law students and junior legal professionals, supervised by legal officers.

Question 35

What do Trade Unions offer in terms of legal help?

Answer 35

Free legal advice for members, employment-related and personal injury cases, negotiation with employers.

Question 36

What types of insurance cover legal costs?

Answer 36

Vehicle insurance: Road accident claims. Home insurance: Visitor injury claims.

Question 37

What is “before-the-event” insurance?

Answer 37

Bought before any legal problem arises.

Question 38

What is “after-the-event” insurance?

Answer 38

Bought when entering a CFA, to cover legal costs if the case is lost.

Question 39

How do charities help with legal advice?

Answer 39

Offer free specialist advice and assistance.

Question 40

How is charity legal advice given?

Answer 40

By trained advisers or volunteers, through helplines, face-to-face, and online.

Question 41

What does Gingerbread do?

Answer 41

Supports single/shared parents on: child maintenance, contact issues, employment, education, welfare, housing, debt.

Question 42

What does Shelter do?

Answer 42

Offers free help with housing issues like: homelessness, eviction, repairs, housing benefits, tenancy agreements.