Access to Justice

• Access to Justice:

  • Refers to the help that everyday citizens can get to help them to get the justice they need.
  • May involve funding to pay for lawyers, or other ways to resolve their issues without paying for a lawyer.
• How much?

  • The cost of justice can end up being very high. Costs include:
  • Court fees (for the use of the court)
  • Legal fees (costs of a solicitor or barrister to represent you in court - up to £400 per hour)
  • Fees for different reports or expert witnesses needed for a case.
  • If you lose:
  • Compensation to pay to the other side
  • Court and Legal fees for the winning side (on top of your own)
• Options to Access Justice:

  1. Public Funding
  2. Private Funding
  3. Other Sources of Advice
• Public Funding:

  • Comes from government (from public funds/ taxes)
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) created Legal Aid agency.
  • Different rules for civil and criminal law.
  • Funding for Civil Cases
• Funding for Civil Cases:

  • Limited funds available
  • Usually only for social justice issues (housing, family, immigration and asylum, debt)
  • s.11 LASPO sets out strict merits test which involves looking at:
  • Cost of service
  • Availability of resources
  • Appropriateness of using public funds for those resources
  • Importance for the individual
  • Prospect of success
  • Public interest
  • The conduct of the individual
• Issues of Government funding - Civil:

  • Cuts in the budget
  • Legal aid restrictions
  • Personal injury excluded
  • Reduced number of firms offering help
  • Rise in People representing themselves
• Public Funding:

  • Funding for Criminal Cases:
  • All suspects are given free legal advice at police station by duty solicitor.
  • May be in form of a phone call instead of in-person advice.
  • All suspects are given free legal advice from a duty solicitor for their initial hearing at the magistrate's court
  • They can have one hour from contracted solicitors but this is means tested (based on their finances)
  • Allocation of legal representation is done through the Public Defender Service
  • Legal Aid Agency has contracts with various solicitor firms