Access To Justice And Funding Criminal

Question 1

Advice in criminal cases

Answer 1

Anyone held in a police station has the right to free legal advice from a duty solicitor
May be telephone or face to face

Question 2

What is the first stage of the public funding in criminal cases

Answer 2

Interests of justice

Question 3

What is the interest of justice

Answer 3

They will get funding if they can prove
1. Likely to lose liberty or suffer damage to reputation
2. Case will consider a point of law
3. Individual is unable to understand the proceedings in court or state their own case
4. Involves witnesses
5. In the interest of another person that d be represented

Question 4

What is the second stage in public funding of criminal cases

Answer 4

Magistrates means testing

Question 5

Who automatically passes means test

Answer 5

Those on income support, under 16 or under 18 in education

Question 6

What is the means test in the magistrates

Answer 6

First stage- calculate gross income
If d becomes is below a certain level they qualify
For those is the middle have further means testing
2nd stage for middle- calculate disposable income
Is above set limit will not qualify

Question 7

Crown court means testing

Answer 7

No upper limit on disposable income
Most people can receive Legal aid
Free for low incomes
Higher income= pay towards legal aid

Question 8

Those with disposable income above £37,500

Answer 8

Have to pay privately