Access to Justice8️⃣

Question 1

Funding in Criminal Cases (Legal Aid):

Answer 1

1. Legal aid provides government-funded legal advice and representation for those who can’t afford it.
   
   2. The Legal Aid, Sentencing, and Punishment of Offenders Act 2012 established the Legal Aid Agency.
   3. Initial advice for those in custody is free under section 13 of the LASPO Act 2012.
   4. The Interests of Justice Test determines eligibility for legal aid, focusing on whether the individual may lose their liberty.
   5. The Means Test assesses income and capital to decide if someone qualifies for legal aid.
   6. In the Magistrates Court, those on income support or under 16/18 in full education are automatically eligible.
   7. In the Magistrates Court, if income is above a certain threshold, no legal aid is granted; if below, there may be contributions.
   8. In the Crown Court, anyone with a gross income below the threshold is eligible for legal aid.

Question 2

Funding in Civil cases (Legal Aid):

Answer 2

1. Legal aid provides government-funded legal advice and representation to eligible individuals in civil cases.
   
   2. The Legal Aid, Sentencing, and Punishment of Offenders Act 2012 sets eligibility criteria and established the Legal Aid Agency to manage contracts with firms.
   3. Initial legal advice is available for free through the Civil Legal Advice Helpline or solicitors for those who meet eligibility criteria.
   4. Eligibility for civil legal aid is based on case type (e.g., children’s rights, mental health, housing) and resources available.
   5. The LASPO Act 2012 limited legal aid in many areas, such as divorce, contract, and tort cases.
   6. To qualify, a person’s gross income is assessed; if it exceeds a set threshold, no legal aid is provided.
   7. If disposable income (income after expenses) exceeds £700 or disposable capital exceeds £8000, the individual is not eligible for legal aid.
   8. Those between the thresholds may receive partial legal aid, with the individual contributing alongside the funding.

Question 3

Private Funding for legal advice and representation:

Answer 3

1. Conditional Fee Agreements (CFA): Used mainly for personal injury claims. The client only pays if they win, with a success fee of up to 25% of the damages.
   
   2. Citizens Advice Bureau (CAB): Offers free advice on various issues, like debt and housing. Some centres have solicitors for free advice.
   3. Law Centres: Provide free, non-means-tested advice, often focusing on vulnerable areas like housing and welfare.
   4. Law Clinics: Run by law students under supervision, offering free advice and sometimes representation, especially for those not eligible for legal aid.
   5. Pro Bono Work: Barristers offer free advice and representation, often in their area of expertise.
   6. Trade Unions: Offer advice and representation to members, especially for employment disputes.
   7. Insurance Companies: Provide legal advice through legal cover or insurance policies, but usually not full representation.
   8. Charities: Provide free legal advice on specific issues, e.g., Gingerbread (parenting), Shelter (housing).