Gov funding for civil/crim

• Who provides the civil and criminal funding?

  The Legal Aid Agency created by LASPO 2012 (Legal Aid, Sentencing and Punishment for Offences)
• What is the gov funding for civil cases?

  It's only available for a limited number of civil disputes eg family, housing, debt and asylum and immigration. There is a strict merits test. The merits test criteria can be found in s11 of LASPO and, amongst other factors, includes the likely cost of providing the service, the appropriateness of using funds for the particular case and the prospect of a successful claim. Applicants also need to pass the means test. The disposable income and disposable capital of the applicant is assessed
• What is the legal aid limit?

  £12,475
• Advice and assistance for crim cases?

  According to s13 of LASPO suspects are entitled to advice and assistance at the police station. Free advice and assistance are available from a duty solicitor at the Police Station to individuals in custody. Usually, it's only telephone advice as funding for attendance is limited to those most in need eg vulnerable suspects. Also the duty solicitor at Mags Court is available for free advice to those in custody brought before the court. One hour of means tested criminal advice and assistance is available from contracted/franchised solicitors.
• Representation in crim cases?

  Merits and means tested legal representation is available, including case preparation. Merits tests address whether it's in the interests of justice to provide gov funded legal representation. The means test assesses the disposable income and disposable capital of the applicant. Means testing rules differ depending on whether the case is in Mags or Crown.
• Public Defender Service?


  Run by Legal Aid Agency. The service offers advice and representation at the police station and at court to those eligible for legal aid
• Is legal aid a human right?

  Yes- article 6 right to a fair trial where it's implied that there should be an appropriate degree of 'equality of arms' in civil and criminal hearings. For criminal offences article 6 states there's a right 'to defend himself in person or through legal assistance of his own choosing (private) or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests oj justice so require'.
• What is the extent of the obligation of legal aid in civil cases under the ECHR?

  Limited to 'civil rights and obligations'- the test is whether the proceedings are decisive for private rights and obligations. Claims under contract, tort or some investigations into a death by a Coroner may be covered. However cases relating to deportation, asylum and nationality aren't. The threshold of need is high, the lawyer must be 'indispensable for effective access to court'. Steel & Morris successfully argued they should've had legal aid in the defamation case brought by McDonalds
• What is the extent of the obligation of legal aid in criminal cases under the ECHR?

  The threshold is the accused can 'participate effectively in a criminal trial' (Stanford). The interests of justice, as decided by the European Court of HR, include the complexity of case, seriousness of sanction, and the ability of the accused to represent himself. In England and Wales historically the 'interests of justice' test was previously the more generous 'Widgery criteria'. This is still in statute as to be taken into account on a decision of legal aid.
• What's the consequence of the human rights obligation on England and Wales?

  It's extremely expensive in a country with an adversarial system of justice where services are largely provided by private practitioners. In 2005 £2.035 billion was spent in total, with £532 million on defence in mags court and police stations and £635 million in Crown. Over a 4 year period, gov has accepted plans to introduce a cut of 4% in Crown costs and to allow no increase in other criminal costs. Understandably this is controversial among legal aid practitioners
• What kind of problems can legal aid help with?

  Costs of legal advice, family mediation and representation in a court or tribunal. Eg family at risk of abuse, risk of homelessness, you potentially face prison time, discriminated against or it's a case under human rights
• When might you be required to repay your legal aid?

  Some costs paid upfront or if you win money or property from your case. ONLY in civil cases as you have the right to free legal advice. The Legal Aid Agency will make a charge or claim- known as a 'statutory charge'- on any money or property you win. If this is your home, payment can be deferred and the debt placed as a charge on your home (in a similar way to mortgage). If legal aid is withdrawn you may have to repay the full legal costs
• Where can you get help in a criminal case?

  You have a right to free legal advise in criminal cases. A police custody officer will help you get legal aid if you've been arrested and held at a police station. If the offence is less serious advise is offered by telephone but otherwise you can get help from the police stations duty solicitor or your own legal advisor. If charged or going to court you can get advice from the same organisation that helped at the police station, ask to speak to the court duty solicitor or find your own criminal legal aid solicitor.
• If human rights are at risk what might you qualify for?

  Exceptional case funding (ECF) despite not being eligible. If you can't pay the costs you might only have to partly pay for legal advice. You must use a lawyer or you can do it by yourself to apply.