Criminal/Tort Mini Topic 6- Legal Aid and Funding

Question 1

Why is legal aid and funding needed?

Answer 1

People may need legal advice or representation in court.

Question 2

What act reformed legal funding and what agency did it set up?

Answer 2

The Legal Aid Sentencing and Punishment of Offenders (LASPO) Act 2012 set up the Legal Aid Agency.

Question 3

What legal help is provided in criminal cases ?

Answer 3

Suspects at police stations have the right to free legal advice 24h, the advice is either by telephone or in person.

Question 4

What two tests must someone pass to get funding for legal representation in a criminal case?

Answer 4

1. Interests of Justice test
2. Means test

Question 5

What is the Interests of Justice test?

Answer 5

They must prove the interests of justice factors:
1. Would D lose their liberty?
2. Will D lose their livelihood or reputation?
3. Will witnesses need to be traced?
4. Does the d understand court proceedings?

Question 6

What is a means test?

Answer 6

Where the defendant’s income is assessed.

Question 7

What do you need to automatically gain legal funding?

Answer 7

1. Be on benefits
2. Be in full time education
3. Have a low income

Question 8

When is legal aid available in civil cases?

Answer 8

Legal aid is not available in civil cases unless it involves children’s rights, mental health or cases involving asylum (safety).

Question 9

What is the Civil Legal Advice helpline?

Answer 9

A government funded scheme that that gives advice in civil cases such as debt, housing, family issues or discrimination.

Question 10

What does a Citizen’s Advice Bureau do?

Answer 10

They give free legal advice in areas involving entitlement to benefits, debt problems, housing and employment issues.

Question 11

What do Law Centres do?

Answer 11

Offer free advice and legal service to people in their area, they aim to provide help (sometimes representation) in areas with few solicitors.

Question 12

What do Trade Unions do?

Answer 12

Offer their members free advice for all work related problems and sometimes other issues such as personal injury. (eg BMA)

Question 13

What test must you pass to qualify for legal representation in a civil case?

Answer 13

The defendant must pass a means test.

Question 14

What three ways can someone privately fund their own case?

Answer 14

1. Own resources
2. Insurance
3. ‘No win, no fee’ contractual agreement

Question 15

What does it mean to privately fund a case with your own resources?

Answer 15

Anyone who can afford it can pay for a solicitor and/or barrister to deal with a legal matter.

Question 16

What is legal insurance?

Answer 16

Legal insurance against legal costs that can be taken out before or after the event.

Question 17

What is ‘before the event’ insurance?

Answer 17

No known legal claim however there is already insurance in place. (eg car insurance)

Question 18

What is ‘after the event’ insurance?

Answer 18

Insurance where someone who is taking a case to court, insures against losing the case and having to pay the other sides fee.

Question 19

What is a ‘no win, no fee’ contractual agreement?

Answer 19

If the case is lost then the client pays nothing, if the case is won then the success fee is capped at 25%.