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Law > Funding Of Legal Services > Flashcards

Funding Of Legal Services Flashcards

1
Q

What does access to justice involve?

A

An open system of justice

Ability to fund the costs of a case

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2
Q

What was the result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012?

A

Abolishment of the Legal services Commision

Since April 2013, legal aid is administered by the Legal Aid Agency

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3
Q

Give examples of Legal Services

A 
Citizens Advice Bureaux
Law Centres
Solicitors
ALAS
Accident Line
Bar Pro Bono Unit
Free Representation Unit
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4
Q

What Act sets out the guidance on legal aid for both civil and criminal cases?

A

The Legal Aid, Sentencing and Punishment of Offenders Act 2012

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5
Q

What type of cases can get legal aid from the government?

A

1 cases involving children’s rights
2 cases which involve the liberty of the individual
3 cases involving claims for asylum

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6
Q

What is the criteria test for legal aid in civil cases called? Why do they have it?

A

The government have limited funding.

Means Testing

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7
Q

Who automatically qualify for the means test?

A

Those on income support or Income Based Job Seekers Allowance

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8
Q

What do they look at to see if you qualify for legal aid?

A
  1. Gross monthly salary
  2. Disposable Monthly Income
    If low enough you get civil legal aid provided you don’t have disposable capital (savings etc) of a certain amount
    Then the ‘merits test’
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9
Q

What is the Merits Test for?

A

About how likely you are to win your case and how much damages you are likely to be awarded

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10
Q

What factors are considered in the ‘Merits Test’

A

How much money is the gov fund
How much the case will cost
How important the legal matter is to the individual.
Option of other services instead ( mediation, conditional fee agreement)
Whether the case is of public interest

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11
Q

What are the problems with funding of civil cases?

A
  1. Not enough legal service providers - because the gov don’t pay them enough, it’s not economically viable for solicitors. Thus, people have to travel far to find a lawyer = expensive
    Some don’t persue their case as they can’t get the right help from the government - denied access to justice
  2. Have to have a rlly low income
  3. Not enough gov fund, if your case comes at the end of the year there may be no money left - unfair, denied access to justice
  4. Certain types of cases are excluded
    E.g. Employment claims are excluded, if you are going against a big company you will be at a disadvantage as you can’t afford a lawyer and they will have a good lawyer.
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12
Q

Civil or Criminal - Conditional fee agreements?

A

Civil

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13
Q

How do CFA’s work?

A

1 client and solicitor agree on a fee that would normally be charged in such a case
2 client and solicitor agree on success few, can be up to 100% of agreed normal fee, but no more than 25% of any damages awarded
3 solicitor loses - normal fee
4 solicitor wins - normal + success fee
5 client can take insurance to cover cost of other side if they lose the case

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14
Q

Positives of CFA:

A

Statistics show high usage for personal injury claims, which shows CFAs have allowed people access to justice who would have been denied otherwise
No legal aid is given in defamation cases, CFAs have allowed ordinary people to bring such cases thus giving them access to justice in the same way as rich people

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15
Q

Negatives of CFAs:

A

Poorest can’t afford insurance premiums, which are expensive and have to be paid in advance
Solicitors aren’t keen to take on risky cases so some people may not be able to pursue their claim, denied access to justice
New Act stops winning party having the losing part pay their lawyer their success fee, so if you win you lose some of your damages
Some cases cost more than expected = solicitors lose money

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16
Q

What advice and assistance can you get if you are in custody at the police station?

A

The Duty Solicitor Scheme - Free

Usually a junior solicitor

17
Q

Since 2004, you can’t have a duty solicitor if……

When do these not apply?

A 
You are:
Being held for a non-imprisonable offence 
Being held as a result of a warrant 
In breach of bail conditions 
Being held for drink/ drive offences

They don’t apply if you are a youth, mentally ill or can’t speak English

18
Q

What are the three tests for criminal aid?

A

Test 1 : ‘Interests of Justice’
Test 2: if in magistrates - ‘Means Tests’
Test 3 : if in crown - ‘Means Test’

19
Q

In a interests of justice test you have to show one of 5 things?

A

1 your liberty, livelihood or reputation is at risk
2 your case will include a new precedent for other courts to follow
3 you are unable to understand the proceedings in court
4 your case may involve tracing/ interviewing/expert cross examination of witnesses
5 it’s in the interests of the person that you are represented (e.g. Rape case)

20
Q

What is the means test in the magistrates court (criminal)?

A

You automatically pass if you are under 16, under 18 in education or on income support.
For everyone else, it’s based on income, 75% will not pass it

21
Q

Means test in the crown court (criminal)?

A

Everyone can receive legal aid in the crown court
If on v low income it’s all paid for
If on higher income you have to pay a contribution on a sliding scale
If found it guilty, any contribution is refunded
If found guilty, you may have to pay extra from capital

22
Q

What are the problems with funding of criminal cases?

A

The interest of justice test is applied very strictly. If you’ve been charged with an offence where a prison sentence could be given, you may not qualify unless you have previous convictions as it will be more likely, meaning a hardened criminal wouldn’t have to pay but a normal person would.
The levels of income of very low in means testing, in magistrates most don’t qualify so are denied access to justice. In crown, when people don’t they will have to pay more as cases are more serious and take longer
Shortage of lawyers, the gov has a fixed fee which doesn’t take into account the amount of work the solicitor does
Not enough money in the gov budget, denies people access to justice

23
Q

Bar Pro Bono Unit

A

Volunteer barristers, giving free advice for those who can’t afford to pay. They will represent where necessary also

Law (2 decks)

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