Legal Aid and Funding
- Created by: HollyAuld99
- Created on: 13-06-17 11:49
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- Legal Aid and Funding
- Introduction: Why do we need it?
- Uphold Article 6 - right to a fair trial and so that there isn't potential infringement of article 5 - right to liberty and miscarriages of justice.
- People aren't aware of legal aid. .
- People can't pay the money.
- People find solicitors and barristers not approachable.
- People don't realize their issues may have legal implications.
- Uphold Article 6 - right to a fair trial and so that there isn't potential infringement of article 5 - right to liberty and miscarriages of justice.
- Background: 1949 - First state funded legal aid scheme.
- 1999: Access to justice Act
- Legal Aid and prosecution of offenders act 2012: legislation now containing legal aid.
- Types of advice:
- s58 PACE 1984: Right to a solicitor --> Duty solicitor
- Assistant Advocacy: Solicitor looking over paper work, pre-trial matters. Prepares case etc...
- Advocacy representation: Presenting case in court .
- Tests?
- Interest of Justice test
- Previous convictions, risk of custody
- Means test:
- Looks at disposable income of individual
- Crown Court: over £37500 then no funding if slightly under then they have to contribute towards cost
- Magistrates court: Under 12500 then get full funding
- Looks at disposable income of individual
- Interest of Justice test
- Introduction: Why do we need it?
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