Evaluation of access to justice (The impact of the changes to the legal aid budget)1️⃣2️⃣ Flashcards

(8 cards)

1
Q

civil cases Advantage(Impact of Legal Aid Changes)
P-There are many sources of free or cheap legal advice available for civil cases.

A

(Dev/I/E):
Development:
Claimants don’t have to rely only on expensive lawyers; advice agencies often have expert knowledge in areas like employment and housing law.
Impact:
More people can get accurate, specialist help without high costs.
Example:
Housing charities giving free advice on eviction cases.

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2
Q

civil cases Advantage(Impact of Legal Aid Changes)
P-Conditional Fee Agreements (CFAs) allow people who cannot afford legal fees to make claims.

A

(Dev/I/E):
Development:
CFAs mean clients don’t have to pay fees upfront and only pay if they win the case.
Impact:
Enables greater access to justice, especially in personal injury claims.
Example:
A no win, no fee agreement for a car accident injury case

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3
Q

civil cases disdvantage(Impact of Legal Aid Changes)
P-Cuts to legal aid mean private legal funding is out of reach for many.

A

(Dev/I/E):
Development:
Legal aid funding was cut massively after 2010, making private lawyers unaffordable for lots of people.
Impact:
Access to justice becomes unequal, favoring the wealthy.
Example:
A client facing thousands in fees plus risk of paying opponent’s costs if they lose.

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4
Q

civil cases disadvantage(Impact of Legal Aid Changes)
P-Legal aid cuts have led to more people representing themselves.

A

(Dev/I/E):
Development:
Without affordable legal help, more people appear in court without a lawyer.
Impact:
This causes delays, misunderstandings, and unfair trials.
Example:
A civil claim taking months longer because neither side has a lawyer.

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5
Q

Criminal Cases: Positives (Impact of Legal Aid Changes)
P-Free legal advice is available at the police station without means testing.

A

(Dev/I/E):
Development:
This protects suspects under the Police and Criminal Evidence Act 1984, especially since they cannot access documents or funds while detained.
Impact:
Ensures police follow proper procedures and prevents suspects being unfairly treated.
Example:
A detainee receiving free advice at a police station, helping to prevent unlawful questioning.

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6
Q

Criminal Cases: Positives (Impact of Legal Aid Changes)
P-Access to legal advice allows proper defence and investigation in criminal cases.

A

(Dev/I/E):
Development:
Lawyers can investigate charges, obtain evidence, and build a defence to ensure fairness.
Impact:
Justice can be seen to be done and wrongful convictions can be avoided.
Example:
A solicitor gathering CCTV evidence to challenge police claims.

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7
Q

Criminal Cases: negatives (Impact of Legal Aid Changes)
P-Cuts to criminal legal aid have reduced access to representation.

A

(Dev/I/E):
Development:
The criminal legal aid budget fell from over £1.2 billion (2007–08) to £879 million (2018–19), with many firms stopping legal aid work.
Impact:
More unrepresented defendants, causing court delays and a higher risk of unfair outcomes.
Example:
An unrepresented defendant misunderstanding court procedures in the Crown Court.

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8
Q

Criminal Cases: negatives (Impact of Legal Aid Changes)
P-Strict means testing means many defendants do not qualify for legal aid.

A

(Dev/I/E):
Development:
About three-quarters of adults in the Magistrates’ Court fail the means test and must represent themselves.
Impact:
Increases the chance of wrongful convictions and denies access to justice for many.
Example:
A defendant charged with a non-prisonable offence struggling to defend themselves.

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