Access to justice

• Who provides civil and criminal legal aid and advice in England and Wales?

  The Legal Aid Agency
• What is the purpose of the Legal Aid Agency?

  Help people deal with their legal problems
• What is the role of the Legal Aid Agency?

  Ensure that legal aid services from solicitors, barristers and the not-for-profit sector are available to the general public

  Fund the Civil Legal Advice Service

  Publish statistical evidence about the decisions made on whether or not to fund a case

  Run the Public Defender Service for criminal cases
• What is the role of the Public Defender Service?

  Provides:

  A range of services within the criminal defence market

  Free, full representation of defendants

  Free advice and assistance

  An advocacy service
• Is the Public Defender Service merit tested?

  Yes
• How is the Public Defender Service merit tested?

  Via a 'means test'
• What does a 'means test' look at?

  A person's household income, capital and outgoings
• What are advantages the Public Defender Service?

  Funding of cases for those on no/low income

  Stepped contribution process, allowing fairer access to justice for those unable to pay

  Fundamental right to the agency's services as part of the welfare state
• What are disadvantages of the Public Defender Service?

  Penalises those in employment on moderate to high wages

  Strict means test

  Funding capped by the government - criminal takes priority

  Less attractive to qualified solicitors; lower fees

  Seen as a quick entry into the profession

  Civil legal aid unavailable for tribunals