U1A: Access to Justice

Question 1

What are the two advice schemes in Criminal Cases?

Answer 1

1. Duty Solictors
2. Advice and Assistance

Question 2

What do Duty Solicitors do?

Answer 2

-Provides people help held at a police station with free legal advice NOT MEANS TESTED

Question 3

What must Duty Solicitors do?

Answer 3

-Provide advice over the phone to the individual OR attend the station
IN ORDER to progress the case.

Question 4

What is Advice and Assistance?

Answer 4

WHERE:
-A solicitor who has a contract with the Legal Aid Agency can do criminal legal aid work for free, normally this only covers advice but it can include advocacy.
-Only people on low incomes qualify for free advice and assistance: MEANS tested.

Question 5

How does someone get Representation in Court?

Answer 5

MUST PASS:
-Means test
-Interests of Justice test

Question 6

What is the Means test in the MAGISTRATES Court?

Answer 6

SUBJECT TO STRICT FINANCIAL CRITERIA:
(except under 18s + in education OR on benefits)
-Based on person’s gross annual income: adjusted to amount of dependents they have in the family
-TOO HIGH= not qualify
<£22,325

Question 7

What is the Means test in the CROWN Court?

Answer 7

<£37,500
-D with a very high disposable incme will have to pay for own representation PLUS contribution to court costs
NOT GUILTY= contributions refunded

Question 8

What is the Interests of Justice test?

Answer 8

-Individual must show that it is in the INTERESTS OF JUSTICE to be funded:
FIVE FACTORS:

a. TIndividual likely to lose his liberty or livelihood
b. Substantial point of law
c. Individual unable to understand the proceedings in court/ state his own case
d. The case may involve tracing, interviewing or expert cross-examination of witnesses
e. It is in the interests of another person that the individual is represented

Question 9

What is the scheme available for Civil Law?

Answer 9

-Civil Legal Advice: free telephone service: for housing, family matters, debts
-Legal aid NOT available for contract or tort claims, some funding for family cases, including ones involving children

Question 10

What are the financial limits of Civil Law?

Answer 10

-Gross income = below £2,657 per month
Disposable income = below £733.
Disposable capital =below £8,000

Question 11

What are some criticisms of civil legal funding?