Legal Funding - Public

In Civil Law

legal aid comes from the Government's budget, they get a set amount each year

this has to be worked out alongside other areas such as health, education etc.

not everyone is entitled to legal aid - there is a strict means test

since 2013, legal aid is not available in civil cases unless it is an areas specifically mentioned in the 🏴 Legal Aid, Sentencing and Punishment of Offenders Act 2013

e.g. children's rights, individual liberty, mental health, asylum

breach of contract cases cannot get public funding, nor tort claims

essentially, C must not have enough money to pay for their own lawyer

income and capital will be considered in deciding if C qualifies

if C receives income support or JSA, he automatically qualifies

if your gross income is below a set amount, your disposable income is then looked at

they remove: tax, national insurance, housing cost, childcare/maintenance, personal/dependants allowance

if you have £8k or above 'disposable' capital, you cannot have any LA

if you fall between the minimum and maximum, you have to pay a monthly fee

if you fall above you dont get any LA

disposable capital = assets of the person (e.g. money in banks, jewellery etc.)

where a person owns a home, value of home is taken into account in deciding disposable capital, even if the person has a large mortgage

only first £100k is taken from value of home, means any person can be regarded as having too much disposable capital due to value of home, even if no spare money

In Criminal Cases

Legal Aid Agency in the Ministry of Justice since 2013

contracts between themselves and law firms, regarding the provision of legal services to criminal offenders

D must qualify under the 'interests of justice' criteria/test

  1. likely to lose liberty, livlihood or suffer damage to reputation
  1. case will involve consideration of a POL
  1. individual is unable to understand the proceedings
  1. the case may involve tracing, interviewing or cross-examination
  1. it is in the interests of another person that the individual is represented

Criminal - Mags

Criminal - Crown

as well as the above, the Mags Court defendant must also qualify under the 'in or out' scheme:

the financial test levels are very low, which essentially means hardly any D qualifies for legal aid in the Mags court, if between 12-23 must pay some

  1. eligible for legal aid (because of pass the means test)
  1. ineligible (failed the test) and must pay privately

those who are on income support, under 16 and those under 18 in full time education automatically pass means test

for everyone else, test starts with a first stage simple means test (calculated on gross annual income)

too high = not qualify

those in between are further means tested to calculate disposable income (above = no)

for worser crimes, therefore need more support

if D's case goes to the Crown, they are more likely to receive legal aid - there is no limit on disposable income

provided your disposable income is below £37,500 a year you will be entitled

if you must pay - the more you earn means the more you pay

if you are found not guilty, you will be refunded everything you have paid