chapter 4 Evaluation Flashcards
evaluation (16 cards)
ADVANTAGE - criminal access to justice
Point: It is an advantage that a suspect in police detention is able to obtain legal advice and assistance through the duty solicitor scheme.
Evidence: This will stop the police breaking the rules in the Police and Criminal Evidence Act of 1984.
Explain: When a suspect is arrested, a solicitor will offer initial advice to a client, usually taking place over the phone. This enables a defendant to gain legal advice for free and a defendant is usually assigned a solicitor.
Link: This is an advantage because because it makes sure the legal system is fair as everyone is given a fair chance through free legal advice.
Counter: However, a duty solicitor does not represent the defendant in court which means that the accused will have to try get legal aid if the case goes to court.
ADVANTAGE - criminal access to justice
Point: a person facing criminal charges that could seriously affect their future should be able to instruct a lawyer to investigate those charges, obtain evidence and if appropriate put forward a defence on their behalf
Explain: a persons livelihood and liberty is at risk so it is vital that a defendant has the ability to gain a solicitor/ barrister with legal aid who can help them achieve justice
Link: this is an advantage because justice can be seen to be done in this way.
Counter: however, it can be argued that means testing should be more lenient in criminal cases because of the risks of being found guilty
DISADVANTAGE - criminal access to justice
Point: Many barristers and solicitors are choosing not to go into criminal law due to the lack of funding
Evidence: N/A
Explain: The long-term future of solicitors firms in the area is not promising . Many solicitors do not want to work in criminal law as it is not as well remunerated as other areas of law. The job also involves unsociable work hours as they could be called out during the night to attend a police station and then go to court the following morning.
Link: This is a disadvantage because with a potential limited amount of barristers and solicitors means it will be harder to gain free legal representation and advice which therefore, limits access to justice for a wide range of people. In addition, the remaining legal professionals may be overburdened with heavy caseloads. Criminal law is complex and requires specialist knowledge. If fewer new lawyers enter the field, we risk losing that expertise over time as older practitioners retire, weakening the overall strength of the criminal justice system.
DISADVANTAGE - criminal access to justice
Point: The government has cut the budget for criminal legal aid.
Evidence: In 2018-19 the criminal legal aid budget for England and Wales was £879 million, down from £891 million in 2017-18. The criminal legal aid budget peaked in 2007 -08at just over £1.2 billion and between 2010-11 and 2015-16 it was cut by £314 million
Explain: This means fewer firms are providing legal aid services as it does not pay them to do so. This has caused an increase in the number of defendants in both the Magistrates and the crown court who are un represented
Link: this is a disadvantage because if there is less funding in criminal legal aid then this will lead to a smaller group of people getting access to justice.
DISADVANTAGE of criminal access to justice
Point: As a result of the strict means test, especially in the Magistrates Court, about 3/4 of adults appearing do not qualify for legal aid.
Explain: in crown courts there are less severe financial limits, but cases dealt with there are more serious and it is more expensive to defend a case, therefore there is less money available for each case and a greater risk of injustice
Link: this is a disadvantage because without legal aid a defendant will not be able to afford fair representation in court and this is I’ll put them at a disadvantage especially if the prosecution is well resourced. In addition, some adults are just above the legal threshold but still can’t realistically afford private legal fees.
DISADVANTAGE of criminal access to justice
Point: there is an imbalance of power between defendants who rely on legal aid and well represented parties
Explain: Defendants who rely on legal aid often have limited access to experienced legal professionals, expert witnesses, or resources to build a strong defense. This creates an uneven playing field where outcomes can be influenced more by financial resources than by the facts of the case.
Link: This is a disadvantage because as a result, justice may not be served, and innocent individuals could be wrongly convicted or pressured into guilty pleas, simply because they cannot compete with the legal power of the opposing side.
ADVANTAGE in criminal access to justice
Point: it is an advantage that advice and assistance for those held in custody is not means tested
Evidence: under s13 of the legal aid, sentencing and punishment of offenders act 2012 legal aid for advice and assistance for a suspect held in custody is not means tested.
Explain: where a suspect is detained all their possessions are taken from them and they cannot access any of their documents or salary details so it is vital that there is the availability of free advice without means testing
Link: It’s an advantage that in criminal cases there is availability of free advice without means testing because it ensures that everyone has immediate access to legal support, regardless of their financial situation. This is especially important at the police station stage, where people may not fully understand their rights or the legal process. Free, non-means-tested advice helps prevent wrongful confessions, protects against unfair treatment, and ensures that suspects are treated fairly from the start
Counter: however following a charge, the defendant must pass a means and merits test in order to receive legal aid for advice and assistance from a barrister
ADVANTAGE of criminal access to justice
Point: there are government schemes introduced to provide wider access for those on lower incomes
Evidence: the legal aid agency( administered by the ministry of justice) provides criminal and civil legal aid to people eligible in England and Wales.
Link: schemes is a major advantage because it helps ensure fair trials and the protection of fundamental rights. Without legal aid, individuals accused of crimes—especially those who cannot afford a lawyer—would face the justice system alone, which could lead to unjust convictions or overly harsh sentences
Counter: however, the government had cut the budget for criminal legal aid which had led to fewer firms providing criminal legal aid services
ADVANTAGE of civil access to justice
Point: There are many ways in which a claimant in a civil case can obtain legal advice and assistance from a variety of sources
Evidence: Examples include the citizens advice bureaux, law centres, Trade Unions and Pro Bono work by lawyers.
Explain: This means that people are able to gain access to to legal aid and even in some cases for free. Some of these organisations even provide representation.
Link: This is an advantage because with multiple agencies offering legal advice, there’s a broader network available to provide support. People can choose the agency that best suits their needs. Citizens Advice and similar agencies often offer free or low-cost legal advice, which makes legal assistance more accessible to people who might otherwise be unable to afford private legal fees. This helps reduce inequality in access to justice.
Counter: Only a minority provide representation, some you have to pay in the cases of trade unions and insurance. In addition, it is not guaranteed that a barrister will take the case.
ADVANTAGE of civil access to justice
Point: Conditional Fee Arrangements have allowed people to start a claim who would not usually be able to afford it.
Explain: These arrangements have opened up areas of law such as defamation to the wider public rather than just the rich in society.
Link: This is an advantage because conditional fee arrangements widen the range of people who can start claims, therefore promoting equality in access to justice
Counter: However there are issues such as low value claims not being attractive and that lawyer’s only take on high value claims which limits the range of claimants. If the client loses the case, they may have to pay the costs of the winning party
ADVANTAGE of civil access to justice
Point: Using private funding for legal advice and representation allows the choice of the best or most experienced lawyer for the case
Explain: More experienced or high-profile lawyers often charge higher fees. Private funding gives access to these top-tier professionals who might have better track records. Privately hired lawyers may have fewer clients and more resources, meaning they can dedicate more time and effort to your case compared to publicly funded legal aid options.
Link: the advantage is really about quality and control — private funding lets you hand-pick legal help that’s best suited to your specific case, increasing the odds of a good outcome.
ADVANTAGE of civil access to justice:
Point: It is possible to obtain legal advice and representation in a number of fields, if it is necessary to take a case further than just obtaining advice.
Explain: Legal issues can come up in many areas of life — family, employment, housing, business, personal injury, and more. The fact that there are lawyers who specialize in all these fields means that people can get help that is specific to their problem, not just general legal advice. Many sources of free or cheap advice and assistance are specialists in their fields.
Link: This is an advantage because these specialists have much greater knowledge and skills than high street lawyers in matters of employment law, housing and entitlement to welfare benefits.
DISADAVANTAGE of civil access to justice
Point: Civil legal aid funding has been cut.
Evidence: Cut from a peak of just over £1 billion in 2010-11, the allocation fell to £600 million in 2015-16.
Explain: At the same time, the number of civil court claims has increased as more people are prepared to take action to enforce their rights.
Link: This is a disadvantage because as a result of the lack of funding in civil cases, there has been a rise in the number of litigants in person, which in turn has led to more delays in court. With cuts to funding, more pressure is being put on other advice agencies at a time when their budgets are stretched.
DISADAVANTAGE of civil access to justice
Point: Problems with the system of CFA’s
Explain: The lawyers has to be convinced at the outset that there is a high chance of the claim succeeding before an agreement can be entered into. A potential claimant has to take out an ‘after the event’ insurance policy which is likely to be expensive. The amount of the compensation paid to the claimant will be reduced by the deduction from the lawyers success fee which cannot be recovered from the defendant.
Link: this is a disadvantage because it limits the amount of claimants that could get a CFA
DISADVANTAGE of civil access to justice
Point: There is strict means testing for civil cases
Explain: Some individuals earn just above the limit and still can’t afford legal fees, but they don’t qualify for help — so they either represent themselves (which puts them at a disadvantage) or drop the case entirely.
Link: This is a disadvantage because strict means testing creates an immoral expectation to use disposable income. This restricts the amount of people who can make claims due to a lack of resources/money
DISADVANTAGE of civil access to justice
Point: LEGAL FEES: Lawyers are generally unable to give an estimate of their fees at the start of their case. In addition , the client might have to pay two amounts of fees, due to the rule that the loser of a civil case has to pay the winners costs. Private funding of claims will be out of the reach for many.
Explain: Lawyers can not give a fixed fee for a case, it will depend on how many hours are spent on the case and if the case goes to trial or not. For those claimants with a lack of resources/ money , the possibility of paying two amounts of fees will not be possible
Link: This is a disadvantage because it limits the amount of people who can have access to justice in civil cases due to the high costs of legal fees.
