Access to Justice

  • Created by: lx1234
  • Created on: 04-12-18 19:33
What statute puts legal aid under the control of the Ministry of Justice?
Legal Aid, Sentencing and Punishment of Offenders Act (2012)
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Why might people not get access to justice?
Lack of Knowledge, fear of dealing with lawyers and cost.
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What rights do suspects have after arrest?
Right to free legal service, duty solicitor within the first 24 hours. Government funded advice on the telephone or face to face.
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What is the citizens advice bureau?
Free advice to anyone on a variety of issues, its free qualified advice, yet you will wait a long time to be seen, time consuming and emotional. Doesn't help financially.
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What are law centres?
Non-profit legal practices, assist those who cannot afford a lawyer, prevents negative economic impacts of personal debt, but struggles as a company to get funding, budget cuts, so alot of centres had to close.
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What is the bar pro bono unit?
Charity that makes it possible to balance practice with making a possitive influence on community, can gain knowledge on humanitarian rewards, but will turn down any incompetent people.
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What are trade unions?
Organisations with large range of goals, deliver specialist legal services, represent workers, cooperation + negotation, legal counsel, however is less relevant, loss of benefits, confrontational attitude, time loss due to strikes***
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What cases can you ALWAYS get legal aid for?
Mental health tribunals, children in care, child abducting, domestic abuse.
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What cases can you not get legal aid for?
Disputes between parents, divorce, custody over children, representation at employment tribunals.
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What does eligibility for legal aid depend on?
Type of case and financial circumstances of applicant.
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What is the merits test?
Looks at a number of issues, including if they consider the applicants mater has reasonable aspects of success.
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What is Merit test A + B?
A) Applied in all civil, criminal and state family law matters. B) Applied with commonwealth family law matters.
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What is disposable income?
Income remaining after the deduction of taxes and social security charges.
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To qualify for legal aid your disposable monthly income can't be more than?
£8796 a year.
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What is disposable capital and what is the maximum limit?
Value of every resource of capital nature belonging to the party on the date the application for remission, maximum limit £16,000
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What is the statutory charge?
When you win a case and hold onto money or property you have to repay legal costs.
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What are the exceptions of statutory charge?
50% redundancy payment is exempt or any money received due to employment appeal tribunals.
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Who can you ask to talk to at the police station for the free legal advice you are entitled to?
Duty solicitor, advice DSCC, contact your own solicitor.
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What are the terms to get legal representation in the "Interests of Justice" test?
Charge poses a threat to D's liberty, livelihood or reputation. Case raises important q's of law, D couldn't follow proceedings unaided, D requires expert cross-examination or tracing of witnesses or interest of other parties.
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What is the means test in magistrates court?
Second test after the merits test, legal aid refused if you earn too much money.
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What is the means test in the crown court?
Takes into account family income, circumstances, essential living costs, depending on case type and pass interests of justice test.
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What is the problem with advice deserts?
Provision of legal aid advice for housing is disappearing in large areas of England and Wales. 1/3 of areas have one or zero law firms that provide housing advice available through legal aid.
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What is the problem with limited coverage for legal claims?
Lawyers can charge more than they normally win. Government attempts to save money leaves opposing ends of the insurance market arguing.
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What is the problem with budgeting?
Family courts have been swamped by unrepresented people, so savings have increased costs elsewhere. Legal aid has fallen from 2.6 Billion to 1.5 Billion.
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How much was spent on Legal Aid last year?
1.6 Billion.
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Other cards in this set

Card 2

Front

Why might people not get access to justice?

Back

Lack of Knowledge, fear of dealing with lawyers and cost.

Card 3

Front

What rights do suspects have after arrest?

Back

Preview of the front of card 3

Card 4

Front

What is the citizens advice bureau?

Back

Preview of the front of card 4

Card 5

Front

What are law centres?

Back

Preview of the front of card 5
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