access to justice

• people struggle to access justice due to

  • lack of knowledge
  • fear of dealing with lawyers
  • costs
• since the legal aid, sentencing and punishment of offenders act 2012, the ministry of justice has overseen the funding of civil and criminal cases by the legal aid agency
• civil legal advice services - free telephone services that provide advice in civil cases - helps problems such as domestic abuse
• civil legal aid - set funds each year to pay for civil legal advice - not available for tort law - must pass a means and a merits tests

  means test - looks at income and capital

  merits test - looks at the reason for taking action and the chance of success.

  if they pass the tests then the civil legal aid pays for advice, assistance and legal representation.
• criteria for civil legal aid services

  LASPO 2012 gave the lord chancellor powers to set criteria for making legal aid services available - sets out factors LC must consider when setting the criteria. They include:

  • importance of the case
  • whether the case can be funded in a different way
  • the public interest
  • whether there are alternative methods to solve the dispute e.g adr
• means test:


  must show that you dont have enough to pay for your own lawyer

  those on income support automatically qualify
• means testing for civil cases and how much to earn to qualify

  
• means test - financial limits

  gross income must be below £2,657 per month

  disposable income must be below £733

  disposable capital must be below £8,000

  if income or capital is below the upper level but above the minimum level then the person will be required to pay a contribution towards the legal aid.
• means test - finances

  if your gross income is below the set amount per month then your disposable income has to be calculated by deducting from your take home income e.g

  • tax and national insurance
  • housing costs
  • childcare costs or maintenance paid for children
  • an allowance for yourself and for each dependant.
• disposable capital - can only receive funding if your disposable capital is less then 8k.

  if over then need to fund own case - if spend 8k you can then apply for funding.
• govt funding in criminal cases - funded by legal aid agency

  anyone held as a suspect under s13 LASPO 2012 has the right to free legal advice

  there is a duty solicitor scheme available 24 hours a day - govt funded scheme - no means test
• defendant has to qualify under the interests of justice of test in order to get representation
• interests of justice test - considers the merits of the case and if legal aid should be granted - more serious the charge more likely to pass 


  the test takes into account the 'widgery criteria'

  factors include

  • whether the individual would be likely to lose his liberty
  • case involves consideration of a point of law
  • individual is unable to understand the proceedings in court or to state his own case
  • the case may involve the tracing, interviewing of witnesses
  • in the interests of another person that the individual be represented
• means test - mags - based on gross annual income


  Based upon how many dependants they have in the family

  • if a person earns over £22,325 then they will not qualify
  • if they are below £12,475 then it is fully funded
  • if between £12,475 and £22,325 then a means test is carried out based on disposable income.
• means test in crown court

  • more funding available due to more serious cases
  • a household disposable income of less then £37,500 will get legal aid
  • if above that then have to pay for it yourself and if found not guilty then those contributions are refunded to the person
• problems with govt funding

  advice deserts

  non-availability - not available for many civil claims

  eligibility criteria

  lack of funding
• private funding

  own resources - client to pay for legal resources

  insurance - legal insurance e.g insuring against losing case and paying other sides costs

  conditional fee agreements - often referred to as 'no win no fee' - sets out what the fee is for the solicitor if they were to win. - not used in criminal cases only civil
• other advice agencies

  citizens advice bureau - gives free legal advice - tend to work with a firm of solicitors who offer pro bono advice to clients

  Trade unions - offer legal services for their members - can include advice - offer other forms of legal advice for the members for issues arising outside of their employment

  Law centres - free non means tested advice