legal aid and funding

Question 1

three main barriers to seeking legal advice

Answer 1

• lack of knowledge, most people dont know where solicitors are or what they specialise in
• fear of dealing with lawyers as it is intimidating
• cost, fees can range from £150-600+

Question 2

what are the two acts for legal aid

Answer 2

• legal aid sentencing and punishment of offenders act 2012 (LASPO)
• legal aid agency (LAA)

Question 3

what is some government funded advice

Answer 3

• when someone has a legal problem they should get help and advice
• government funded legal aid agency provides various advice scheme for civil and criminal cases
• duty solicitor schemes, anyone held as a suspect at a police station has the right to consult a legal advisor free of charge
• state funded criminal defense work is provided on demand, there is no set budget, to be provided with representation the defendant has to qualify under the interests of justice test

Question 4

interests of justice and means assessment

Answer 4

• merit based assessment
• d must be financially legiable

At least 2/5 factors must be satisfied:
- d found guilty could lose liberty if charged
- case involves a point of law
- individual cant understand proceedings
- involves interveiwing, expert cross examination
- interests of another person that d is represented

Question 5

magistrates means for testing

Answer 5

• pass initial test
• test calculated and defenedant below a certain level
• automatically satisfied if defendant is under 16/18 in full time education
  -for those in middle bracket must be below limit

Question 6

crown court means for testing

Answer 6

• no upper limit on disposable income
• low income
• higher income, lower than 37000 disposable,must contribute, if found guilty pay more, if not guilty d is refunded

Question 7

civil legal aid and funding

Answer 7

• accessible for small range of civil issues
• have to pass means and merit test

gross income limit:
- £2657 or less monthly
- 4+ kids, increases by £222 per child

disposable income limit:
- £737 per month

disposable capital limit:
- £8000

DV and forced marriage:
- contribution may vary

Question 8

alternative legal aid

Answer 8

• conditiona; fee arangement
• law centres
• probono
• charities
• free representation