Access to Justice 2.13


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  • Created by: Jake
  • Created on: 22-05-12 20:31

What where the early attempts to make legal aid mo

Legal Aid and Advice Act 1948 - Legal advice on civil matters

Green Form Scheme 1972

Police Criminal and Evidence Act 1984 - Duty solicitor schemes 

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Access to Justice Act 1999

Legal Aid board replaced with the Legal Services Commission

  • Responsible for managing CLS funding
  • Role for delivering Criminal Defence Service (CDS) 
  • Can make contracts with legal service providers
  • Develop local services
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What is the role of the Community Legal Service?

Gives general Advice about the law and legal advice on Civil matters 

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Who is the CLS funded by and what is significant a

The CLS is funded by the Lord Chancellor who allocates them an annual budget 

The budget is fixed and they cant overspend

Because they are on a fixed budget ... ?

  • Many people can be refused funding because money has run out
  • Some civil cases have been exlcuded - Personal injuries CAFS instead
  • Cases for amounts less than £5000 do not get funding either which helps to make their budget last
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What does their fund cover? - What do people get f

  • Legal help
  • Help at court - advocacy - legal representative
  • Approved family help - Good advice and negotiation 
  • Telephone service
  • Community Legal Advice Centres have been set up around the country to offer people legal advice
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How can people be eligible for funding from the CL

Means and Merits tests

What is the Means test? - Takes into account the persons disposable income and disposable capital

What is the Merits test? - Assess how likely the case is to succeed and whether it is sufficiently important to justifying state funding 

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Name some other providers of Legal Aid

Solicitor agencies and welfare institutions

Citizsens Advice Bearu - Free legal advice

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What are Conditional Fee Agreements?

  • Solicitor agrees a fee with the client for their services... In addition a success fee is decided 
  • If the case is won the solicitor will claim these fee's from the other side
  • Loser pays the fee's

Cover a wide range of cases - particularly personal injury
Usually known as 'No win, no fee agreements' 

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What is the Criminal Defence Service?

Run duty schemes in Police stations and magistrates court

Supplies advice and assistance on criminal cases. However limited to 1 hour, can include advocacy

Supplied on demand 

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