Sec 1 Access to justice Flashcards
(27 cards)
What does ‘access to justice’ mean?
Ensuring everyone can obtain legal advice, representation, and a fair hearing, regardless of income.
Why is access to justice important?
It upholds the rule of law, equality before the law, and the right to a fair trial.
What is legal aid?
Government-funded financial assistance for legal advice and representation for those who can’t afford it.
What are the two main types of legal aid?
Civil legal aid and criminal legal aid.
What law governs legal aid in England and Wales?
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012).
What did LASPO 2012 do to legal aid?
Greatly reduced the scope of civil legal aid and introduced stricter eligibility criteria.
What is the impact of LASPO 2012 on civil legal aid?
Many areas (e.g. family, housing, employment) were removed, limiting public access to legal help.
What are the criteria for civil legal aid?
Means test (income/assets), merits test (likelihood of success), and scope test (type of case).
Give examples of civil cases still eligible for legal aid.
Child protection, domestic abuse, discrimination, housing where someone is at risk of homelessness.
What is criminal legal aid?
Legal aid for those facing criminal charges to ensure a fair defence.
Who administers legal aid in criminal cases?
The Legal Aid Agency (LAA), a government body under the Ministry of Justice.
What are the eligibility criteria for criminal legal aid?
Means test (income-based) and interests of justice test (seriousness of offence or complexity of case).
What is the ‘interests of justice’ test?
Assesses whether the case warrants legal representation due to seriousness, risk of imprisonment, or complexity.
What is a duty solicitor?
A solicitor available at police stations or magistrates’ courts to provide free legal advice to suspects.
When is advice at a police station free?
Always — everyone is entitled to free legal advice when questioned by police.
What are law centres?
Charities offering free legal advice in areas like housing, welfare, and immigration.
What are Citizens Advice Bureaux?
Organisations that provide free general legal advice and help with accessing other services.
What are pro bono services?
Legal work done voluntarily and free of charge by lawyers for those unable to pay.
What are Conditional Fee Agreements (CFAs)?
‘No win, no fee’ agreements where lawyers only get paid if the case succeeds.
What is the success fee in a CFA?
An extra fee paid to the lawyer (often a percentage of the damages), if the claim is successful.
What are the criticisms of CFAs?
Can be expensive due to high success fees; lawyers may only take easy cases.
What is After the Event (ATE) insurance?
Insurance taken out to cover the risk of paying the other side’s costs if the case is lost.
What alternatives exist to legal aid for funding legal advice?
CFAs, pro bono, trade unions, legal expense insurance, and crowdfunding.
What are trade unions’ role in access to justice?
Provide legal support and representation to members, especially in employment disputes.
