legal aid

• public funding is meant when money is provided by the state to pay the legal fees of those who could not otherwise afford it this is known as legal aid
• Legal aid is under the control of the ministry of justice following the legal aid sentencing and punishment of offenders act 2012 aka LASPO. This established the legal aid agency which oversees the provision of legal aid
• levels of legal aid

  there are different levels of legal aid available and applicants are given the level of assistance they require based on an assessment of their application
• the levels of legal aid are :

  legal help : initial advice and help with legal problems

  help at court : a solicitor or advisor to speak on applicant’s behalf

  family mediation : mediation in family disputes e.g separation or divorce cases

  help with mediation and general family help : help with negotiation and issuing legal orders in family disputes

  legal representation : a barrister or solicitor to represent the applicant through out the case and in court
• legal aid is available where :

  • the case is serious
  • the person cannot afford to pay legal fees
  • the case is eligible (e.g. domestic violence cases or person at risk of losing home)
• legal aid in civil cases

  • governed by head of civil legal aid
  • clients then go to legal aid solicitors for advice on the law, assistance on legal proceedings, assistance in enforcing decisions and representation in court or ADR
• LASPO 2012

  legal aid is not available unless in one of these categories :

  • welfare benefits
  • debt
  • housing
  • discrimination
  • education
  • asylum & immigration
  • family, children and domestic abuse
  • mental health and community care
• legal aid is no longer available for :

  • trespass
  • employment, immigration or lands tribunals
  • negligence
  • contract
  • conveyancing
  • boundary disputes
  • wills and probate
  • trust law
  • defamation
  • company law
  • business law
  • immigration interviews
  • claiming asylum
• in deciding whether an individual qualifies for legal aid the director of the legal aid agency will consider :

  • cost and benefit obtained
  • availability of the service
  • importance to the individual
  • nature and seriousness of the case
  • chance of success
  • public interest
• legal aid will only be granted to an individual if they are financially eligible which is decided by means testing
• means testing

  • gross income : not eligible if above £2,657 per month
  • disposable income: not eligible if above £700, eligible if below minimum level, ( if between min and max pay a contribution ) eligible if on income support/jSA
  • capital : not eligible if above £8000 until spent same sum on legal fees
• the legal aid agency

  legal aid services can be provided only by organisations which have a contract with the legal aid agency (LAA), these include solicitors in private practice, law centres and some citizens advice bureaux

  criminal cases are also within the remit of the legal aid agency which gives contracts to law firms to provide legal aid in this area

  the public defender service a department of the legal aid agency also offers legally aided advice to criminal defendants

  the head of criminal case work supervises criminal legal aid and oversees all applications for legal aid
• legal aid in criminal cases

  s13 LASPO 2012 : initial advice and assistance for those arrested and held in custody ( if head of criminal casework determines individual qualifies having regard to the “interest of justice” - advice provided by duty solicitor from LAA approved firm)
• legal aid in criminal cases

  s15 LASPO 2012 : court cases, tribunals and extradition orders ( advice and assistance is available before, during and after hearings

  , and legal representation is available for those who qualify - provided by organisations which have contract with LAA, e.g. solicitors, law centres and some citizens advice bureaux )
• the “interest of justice“ test

  the defendant must fall within one of five categories :

  • D is likely to lose his liberty, livelihood or suffer serious repetitional damage
  • The case involves a point of law
  • D cannot understand the court proceedings , or state their own case
  • The case may require a witnesses to be traced, interviewed or cross examined by an expert
  • it is in another person’s interests that D is represented
• financial eligibility - magistrates’ court

  • gross annual income : legal aid unlikely if above £22,325 , if below £22,325 LAA considers outgoings such as childcare and rent and decides how much assistance the individual receives
  • in the magistrates court claimants who fail the means test are not eligible any help and have to fund their defence privately
• financial eligibility- crown court

  • disposable income : not eligible if above £37,500 and will have to fund their defence privately
  • free legal aid for those on low incomes
  • below £37,500 but not low income pays contribution towards fees which is refunded if found not guilty
• advantages of legal aid

  • legal aid help some people with seriously legal issues to obtain free legal advice. It also that some of the poorest members of society obtain legal representation
  • this helps to address the idea that everyone should be equal before the law in accordance with the rule of law
  • legal aid also contributes to procedural justice - the idea that we should have a fair system of justice fair legal rules
• disadvantages of legal aid

  • due to government cuts many legal aid law firms have now been forced out of business as the rates paid for legal work are so slow
  • this has created “ advice deserts” where free legal advice is simply unavailable in certain areas
  • Surrey, Shropshire and Suffolk has no legal aid provider specialising in housing, and north - west wales only had one provider of housing legal aid for a population of more than 300,000 people
  • financial limits become further reduced