Access to justice:

• Pro Bono unit (now known as Advocate)


  Volunteer barristers staff a unit based in London, which gives free legal advice on a range of legal issues to members of the public who cannot afford legal fees and who do not quality for CLA. The unit may also represent a member of the public in any civil legal proceedings.
• Free Representation Unit (FRU)

  Based in London and Nottingham, provides advice and legal representation in social security and employment tribunals. They help members of the public who are not eligible for legal aid and cannot afford lawyers. Their work is carried out by volunteers, who are often law students and legal professionals in the early stages of their career. All FRU's representatives are trained and supervised by legal officers. In addition, many universities around the country encourage their law students to offer free legal advice to members of the public in their area.
• Trades unions


  They will usually offer their members free legal advice on a range of employment-related matters and other matters such as a personal injury in an accident outside work. Members of a union generally pay a subscription which will cover the giving of advice and, if necessary, representation throughout a case. A union often employs full-time specialist advisers to deal with work-related issues and who will negotiate with an employer on behalf of their members. In personal injury claims, a union will usually refer a member to a specialist lawyer and then cover the lawyer's costs.
• Insurance companies

  Many insurance policies include cover for help with legal fees for advice and, if necessary, taking a case to court. For example, vehicle insurance covers the insured for advice on claims arising from road accidents, and a house insurance policy will cover advice and assistance if a visitor is injured on the premises. There are also special insurance policies that can be bought to cover legal costs: 'Before the event' policies are taken out where there is no known claim at the time of purchase, and 'After the event' policies are required when a conditional the agreement is entered into. This policy covers the lawyer's fees and the winner's legal costs if the claim is lost.
• Charities

  Many charities offer some form of free specialist advice in their area of work. They will employ either trained advisers or volunteers to provide initial advice and assistance to those who contact them. Some charities have telephone helplines offering legal advice, such as Gingerbread offering advice on issues impacting single or shared parents, and Shelter offering free advice on a range of housing issues, including homelessness, eviction, tenancy agreements, repairs and housing benefits.
• Legal Aid Agency


  Government agency responsible for the administration of civil and criminal legal aid in England and Wales
• Role of the Legal Aid Agency


  1. Make sure legal aid services provided by solicitors, barristers and the not-for-profit sector are available to the general public

  2. Fund the Civil Legal Advice service

  3. Run the Public Defender Service to give a range of services within the criminal defence market
• Civil Legal Advice (CLA) service


  Provides free and specialist initial legal advice to people across England and Wales who qualify for legal aid
• Civil legal aid


  Provides funding for claimants in certain civil disputes when legal advice, mediation or representation in court are required
• Qualifying for civil legal aid

  1. Pass a means test (looks at claimant's income and capital, and partner's finances unless they have a contrary interest)

  2. Pass a merits test (looks at the reason for taking the action, and the chance of success)
• Types of civil cases that can be funded by legal aid

  • Repossession of a property
  • Homelessness
  • Asylum and immigration cases
  • Protection from violence or harassment
• Criminal legal aid services

  Under the jurisdiction of the Legal Aid Agency, which enters into contracts with legal firms to provide legal services to people charged with criminal offences
• Advice and assistance for individuals held in custody

  1. Provided under s 13 Legal Aid, Sentencing and Punishment of Offenders Act 2012

  2. Not means tested

  3. Advice provided by duty solicitors, usually over the telephone at first

  4. Duty solicitor decides whether suspect qualifies and for either telephone or face-to-face advice

  5. Solicitors can only claim for attending at the police station if they can show that attendance was expected to materially progress the case
• Advice and assistance for criminal proceedings following charge

  1. Defendant needs to pass a means test (considers defendant's and partner's income and capital, unless partner has a contrary interest)

  2. Defendant needs to pass a merits test ('the interests of justice' - considers the merits of the case and whether legal aid should be granted)
• If the defendant receives state benefits, they will automatically pass the means test
• The more serious the charge or possible consequences, the more likely it is that the defendant's case will qualify for legal aid
• The 'Widgery criteria' are also taken into account in the merits test