Eligibility for Criminal and Civil Legal Aid Flashcards
(15 cards)
Which applicant type is generally ineligible for civil legal aid?
A. Homelessness applicant
B. Parent in care proceedings
C. Individual domestic violence victim
D. Company suing for breach of contract
D. Company suing for breach of contract
Explanation: Civil aid is nearly always limited to individuals; companies/LLPs are excluded
A civil legal aid means test looks at which of the following?
A. Client’s criminal record
B. Client’s income and capital
C. Complexity of the case
D. Opponent’s ability to pay
B. Client’s income and capital
Explanation: Applicants must fall below set income and capital thresholds
A full civil merits test only
B. A means test only
C. A seriousness and interests-of-justice test
D. No tests at all
C. A seriousness and interests-of-justice test
Explanation: Criminal aid depends on offence seriousness and interests of justice, not general means
Which benefit automatically “passports” a criminal aid applicant through means?
A. Holding over £50,000 capital
B. Under 18 years of age
C. Claimant in a civil domestic violence case
D. Being self-employed
B. Under 18 years of age
Explanation: Defendants under 18 (and recipients of specified benefits) pass the means test
A single parent with £8,000 savings and £18,000 income seeks civil aid for a domestic violence injunction. They will:
A. Be excluded by means test
B. Qualify if the case passes the merits test
C. Require only the merits test
D. Be passported automatically
B. Qualify if the case passes the merits test
Explanation: Civil aid for domestic violence requires means and merits
A defendant charged with an indictable-only offence refuses to complete a means form. They are entitled to:
A. Full representation after duty solicitor stage
B. Only police-station advice
C. Civil legal aid instead
D. A CFA instead
A. Full representation after duty solicitor stage
Explanation: Indictable-only offences trigger full criminal aid without a means form
A defendant with £40,000 capital faces a Crown Court trial for fraud. They must:
A. Be refused aid due to means
B. Undergo a capital and income contributions assessment
C. Be passported through means
D. Only pay disbursements
B. Undergo a capital and income contributions assessment
Explanation: Crown Court defendants contribute from capital/income above allowances
A solicitor first meeting a low-income client must:
A. Immediately apply for civil aid
B. Explore all funding options proportionately
C. Recommend DBAs only
D. Advise against legal action if aid unlikely
D. Explore all funding options proportionately
Explanation: Solicitors must consider private pay, insurance, CFAs, DBAs and CLS at the outset
Which civil category never qualifies for legal aid?
A. Care proceedings for children
B. Routine contract dispute
C. Homelessness application
D. Domestic violence case
B. Routine contract dispute
Explanation: Contract disputes are generally ineligible
A 17-year-old charged with a summary offence can expect to receive:
A. No aid unless means-tested
B. Duty solicitor advice and full representation if serious
C. Civil legal aid for defense
D. DBA funding automatically
B. Duty solicitor advice and full representation if serious
Explanation: Under-18s are passported and entitled to criminal legal aid for serious charges
To satisfy the civil merits test, a case must show:
A. The client is under 18
B. Sufficient prospect of success
C. Opponent’s inability to pay costs
D. Complexity exceeding small claims
C. Sufficient prospect of success
Explanation: The merits test requires a reasonable prospect of success
A Crown Court defendant on Jobseeker’s Allowance.:
A. Fails the means test
B. Passports through the means test
C. Needs a merits test only
D. Cannot see a duty solicitor
A. Passports through the means test
Explanation: Specified benefits like JSA passport applicants through means
Which test is required for civil legal aid but is not part of the criminal legal aid eligibility criteria?
A. Means test (income & capital)
B. Merits test (prospects of success)
C. Interests-of-justice test
D. Duty solicitor entitlement
A. Means test (income & capital)
Explanation: Civil aid applicants must pass a means test; criminal aid is generally not means-tested
A 17-year-old charged with a summary offence applies for criminal legal aid. Which eligibility criterion must still be met?
A. Means test
B. Merits test (interests of justice)
C. Income & capital thresholds
D. Civil merits criterion
B. Merits test (interests of justice)
Explanation: Under-18s are passported through means but must satisfy the interests-of-justice (merits) test for criminal aid
Which private funding option involves the solicitor taking a pre-agreed percentage of the damages recovered?
A. Conditional Fee Agreement (CFA)
B. After-the-Event (ATE) insurance
C. Damages-Based Agreement (DBA)
D. Public funding (Legal Aid)
C. Damages-Based Agreement (DBA)
Explanation: Under a DBA, the solicitor’s fee is a percentage of the client’s damages, subject to statutory caps
