Access to justice
- Created by: __Jess
- Created on: 15-03-23 09:42
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- Access to justice
- Civil
- Eligibility
- Dependent on your financial position
- Can be checked through government website or citizens advice
- Dependent on the strength of your case
- Dependent on your financial position
- Availability of legal aid
- Family cases
- Housing
- Asylum and immigration
- Debt
- Funding
- Private funding
- Conditional fees
- Insurance
- Legal aid
- Means testing
- Criteria:
- LASPO S10(3) 2012
- 1) Benefit must outweight the cost
- 2) Availability of resources to provide the services
- 3) Individual importance
- 4) Availability of other services eg. mediation
- 5) Public interest
- 6) Where the services are sought by an individual in relation to a dispute
- LASPO S10(3) 2012
- Eligibility
- Criminal
- Availability of legal aid
- Being arrested
- Being charged
- Being questioned by the police
- Funding
- Duty solicitors (free)
- Self-representation (free)
- Private funding
- Legal aid
- Criteria:
- A defendant will only be helped if they meet one of the five interests of justice
- 1) Whether they could suffer serious damages
- 2) If the case involves consideration of a point of law
- 3) The individual is unable to understand the proceedings in court or to state their own case
- 4) The case may require expert cross-examination of witnesses
- 5) It is in the interests of another person that the defendant should be represented
- A defendant will only be helped if they meet one of the five interests of justice
- Availability of legal aid
- Legal aid
- LASPO 2012
- Levels of help:
- Advice
- Legal representation
- Support funding
- Means test
- Examination of gross and disposable income to check eligibility
- Merits test
- Will the damages be worth more than the cost?
- Issues:
- Not available for personal injury, medical negligence, many areas of family law
- Financial eligibility excludes most people
- Advice deserts
- Low government funding
- Civil
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