Access to Justice Evaluation

• If question asks about advice and representation in criminal cases:

  Drastic cuts to the criminal legal aid budget, Effect of cuts on the number of solicitors and barristers doing criminal legal aid, Eligibility levels, Innocence Tax
• •    Drastic cuts to the criminal legal aid budget

  Amnesty:

  Access to justice is no longer available to the ‘poorest, most vulnerable and most in need’. This is particularly hitting those in need of assistance at the Magistrates’ Court where it is almost impossible to satisfy the legal aid means and merits tests.
• ·         Effect of cuts on the number of solicitors and barristers doing criminal legal aid – 


  fees have been drastically cut and rates frozen for many years.  This has led to less and less barristers doing criminal work as they cannot afford to.  This means that it is harder to find a lawyer to represent you, even if you qualify for legal aid.  Research has shown that those unrepresented are more likely to be found guilty and given harsher sentence.
• ·         Eligibility levels -


  Due to changes in the means test eligibility levels are now so low that very few people now qualify for financial assistance. When it was set up in 1949 80% of the population would have qualified. Now less than 30% of the population would qualify.  Whilst the poor will qualify many people fit into the ‘middle income trap’ which means they earn too much to qualify for legal aid but would struggle to pay legal fees. Merits test is also causing problems in criminal cases, in particular, the ‘interests of justice’ test.
• ·         Innocence Tax – 


  this refers to the fact that although it is easier to get criminal legal aid in the Crown Court in many cases it has to be paid back.  This will apply even where a person has been found not guilty.  This often leads to people getting into debt or having to sell their home to pay.

   
• If question asks about advice and representation in civil cases:

  Cuts to the budget, Types of cases you can get legal aid for has been drastically reduced over the years, Advice Deserts, eligibility levels
• ·         Cuts to the budget –

  halved since 2010 and it is a capped budget which means that once it has been spent for the year, it is gone. This has created limited access to justice for many.
•      Types of cases you can get legal aid for has been drastically reduced over the years. Very few civil cases qualify. Only available in a few cases such as those involving mental health and immigration tribunals. It does not cover contract, tort, divorce or personal injury. This means that people have to pay a lawyer or represent themselves. Private funding is the only option for many people but is very expensive and not within the reach of many people.
•    Cuts have led to Advice Deserts where people cannot find specialist legal aid advice. Due to the legal aid budget cuts, there are less lawyers wanting to offer legal aid advice and representation. Since 2013 many firms have closed their legal aid departments leaving millions of people with no provider in their local area. E.g. 40% of the population do not have access to a local legal aid provider for housing advice. Other advice agencies and law centres have dropped by 59% since 2012.
• Due to changes in the means test, eligibility levels are so low that very few people now qualify for legal aid
• Legal aid was set up

  1949
• When legal aid was set up in 1949, 80% of the population would have qualified
• Now less than 30% of the population would qualify for legal aid
• Middle income trap

  People earn too much to qualify for legal aid but struggle to pay legal fees
• Some solicitors will enter into conditional fee agreements (no win no fee)
• Conditional fee agreements


  Solicitors expect to be paid both their normal fee and a success fee
• Only the normal fee can be claimed back
• The success fee must come out of the damages as well as insurance to cover if the case is lost
• Solicitors tend to take on cases with

  A 75% chance of winning
• This makes it harder to get legal representation