Has Access to Justice been compromised in England & Wales?

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Has Access to Justice been compromised in England & Wales?

Advantages

  • YES:
  • LASPO in 2013 restricted the ability to instruct high quality experts
  • According to the law society, access to justice campaign states legal aid has been compromised
  • LASPO removed 350 million from legal aid budget and ended right to representation. Personal injury cases excluded from legal aid budget despite large demand
  • There is a distinct lack of lawyers available due to the cuts. Less lawyers specialising in legal aid due to unsustainable fees.
  • According to the Guardian in May 2014, a trial was halted due to the lack of representation.
  • Law society states 75000 children are unable to receive legal aid.
  • Tightening requirements for eligibility - law society states that legal aid is no longer available to those who need it due to LASPO
  • LASPO gave government more direct control over the budget.
  • Due to cuts, centres have closed and less lawyers are working on legal aid. Less solicitors available to provide the service and number of legal aid firms are decreasing//
  • Civil aid cases dropped by 50%.

Disadvantages

  • NO:
  • Free advice to anyone being questioned in a police station
  • Many ways of obtaining legal advice - CAB, pro bono, law centres.. There is still options for litigation available as there are voluntary organisations.
  • Article 6 ECHR - Right to fair trial ensures legal representation is available
  • Number of domestic abuse victims are able to access legal advice is set to increase as the types of evidence accepted has been broadened.
  • CAB - charity that enables public to receive free legal advice on most areas of law.
  • Lord McNally states we have one of the most expensive legal aid systems in the world.
  • Highest spending country on legal aid - 5 times more than any other country
  • Costs the tax payer 2 billion a year - most expensive system
  • Most countries scrapped legal aid funding during the economic crisis in 2008
  • According to the Office of National Statistics, crime is at its lowest level of 8% in 30 years, so cuts reflect changes in crime rates
  • According to CAB, they help 2.1 million people a year

Evaluation

What does Access to Justice mean?Access to Justice means the ability for everyone to receive or obtain legal advice. Whereby the law treats everyone the same - no one is above the law. Not exclusive to any section of society.

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