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Access to Justice (Criminal Cases (Representation Order (Magistrates'…
Access to Justice
Criminal Cases
most legal aid (State funding) is allocated to criminal cases. There are several schemes - which are administered by the Legal Aid Agency - created under LASPO 2012.
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Representation Order
Magistrates' Court
Means (income based - estimated 75% of public do not qualify) and merits tests (interests of justice test). In a large numbers of cases defendants are unrepresented or pay privately e.g. motoring cases
Crown Court
Means and merits test - most people qualify as the limits are higher (disposable income of below £37,500). The merits test is usually satisfied as all defendants risk imprisonment and cases will involve cross examination of witnesses. So, most people are represented by a lawyer funded through legal aid. However, contributions are payable (unlike the Magistrates Court)
Civil Cases
Civil legal aid is now limited to certain areas - e.g. Asylum and Immigration; Domestic Violence in family cases; mental health. The scheme is administered through the Legal Aid Agency and uses a means and merits test.
Most civil claims involving money are financed using a no-win, no-fee agreement (CFA or DBA). CFAs became legal in 1990. DBA were introduced more recently. In both cases, lawyers agree to take cases and will not charge a fee unless they win. If they do win, the other side will pay the damages and the "normal" legal fees (as loser pays the winner).
CFA - solicitor charges a success fee - up to 100% of their normal fee (but no more than the equivalent of 25% of damages)
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Concerns the ability of ordinary people to access legal advice and representation. Links to the concept of the rule of law and to the concept of justice. Equality before the law embraces the idea that access legal advice and representation should not be limited to ability to pay.
There are currently major issues concerning the funding of civil and legal cases and "access to justice". Over £900 million in cuts over an 8 year period. Has resulted in "advice deserts"; reliance on the CAB; increase in litigants in person
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Persons representing themselves ion criminal cases - e.g. in the Magistrates Court. In the Crown Court 8% of defendants were unrepresented at their first hearing (5% in 2010).
Important areas of law are no longer being funded by legal aid. A key example is discrimination cases. Most tribunal cases do not attract legal aid funding (except in exceptional cases). Between 2013/14 and 2017/18 no workplace discrimination cases were backed by legal aid for representation in the employment tribunal. This is a problem as workers may not have the means to fund a case and the law can be complex. Trade Unions will support such cases but not all workers belong to a trade union. Only 1 in 200 of the discrimination claims is funded by legal aid.