Access to Justice
Justice should be available to everyone, regardless of their ability to pay.
Article 6 European Convention on Human Rights guarantees the right to a fair trial.
Everyone is equal before the law.
Criminal Cases
s13 LASPO - initial advice and assistance for those arrested and held in custody.
Legal Aid
Public funding - money provided by the state to pay the legal fees of someone who could not otherwise afford it
Legal Aid, Sentencing and Punishment of Offender Act 2012
Means Test
Not eligible if: monthly income is more than £2657, if disposable income is more than £700, if disposable capital is more than £8000
Eligible if: on income support, on job seekers' allowance
Overseen by the Legal Aid Agency and the Public defender service.
Interests of Justice (Merits) Test
1) D is likely to lose liberty, livelihood, or suffer serious reputational damage. 2) The case involves a point of law. 3) D cannot understand the proceedings in court or state their own case. 4) The case may require witnesses to be traced, interviewd, or cross examined by an expert. 5) It is in anohter person's interest that D is represented.
Financial eligibility
Magistrates Court - Unlikely if annual income is more than £22325
Crown Court - Not eligible if disposable income is more than £37500
Advantages
Disadvantages
Allows people with serious legal issues to obtain free legal advice.
Due to government cuts many legal aid firms have been forced out of business, as the rates paid for legal aid work are so low.
Ensures that some of the poorest members of society obtain legal representation.
Contributes to the idea that we should have a fair system of justice.
Many people with little spare income are denied legal aid, and in criminal cases, many cannot satisfy the merits test, so cannot obtain any legal aid.
This means that free legal advice is simply unavailable in certain areas.
Some areas have little to no legal aid lawyers specialising in a certain area (e.g. housing).
846000 fewer people were able to access legal aid in 2015 compared to 2013, prior to the cuts.
Private funding
It csn be hard to estimate the final cost of a case, especially if the loser must pay the winners fees.
Many firms charge upwards of £100 an hour for a solicitor.
Civil Cases
Director of LAA will consider:
Cost and benefit obtained, availability of the service, importance to the individual, nature and seriousness of case, chance of success, and public interest.
Legal Aid not available unless...
Welfare benefits, Debt, Housing, Discrimination, Education, Immigration and Asylum, Family and Domestic Abuse, mental Health and Community Care.
Means Test Considered
Conditional Fee Agreements
The solicitor and client agree the fee that would normally be charged for such a case, as well as a success fee if the case if won.
Usually the agreement is that, if the case is lost, no fee is to be paid - No win no fee.
Success fees are usually capped at 25% of the damages that the claimant wins.
Advantages
Helpful as they have helped thousands of people to fund the cases and gain access to justice.
Clients on a CFA will be confident of a solicitor's commitment to their cases, and hopeless cases will not be taken on, which saves court time.
Disadvantages
Some claimanst may not be able to afford the insurance premiums required as this cannot now be calimedback from the other side.
There is a risk that some clients wont understand the risks and liabilities of CFA, and may end up with'zero gain' at the end of their case.
Solicitors don't want to take on high risk or low claim cases, which denies some access to justice.
Alternative sources of Advice
Citizen's Advice Bureaux
Free legal advice on consumer law, hosuing, employment, benefits, amd debt.
2500 Nationwide
1.95 million people accessed legal advice in 2017/18.
Premises in most towns.
Deals with limited areas of law.
Law Centres
Free legal advice regardless of income in disadvantaged areas.
Can provide representation.
Welfare law, education, and immigration.
44 Nationwide
Not evenly distributed, not many areas have a law centre.
Trade Unions
Advice for members on employment issues
Some trade unions offer other types of advice, e.g. Unite offers free legal representation for personal injury cases.
Only available to union members.