English Legal System and Law making - Paper 1 (Access to Justice)

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  • Created by: chloefyf3
  • Created on: 26-06-22 17:21
What two things does access to justice involve?
an open system of justice
&
being able to fund the costs of a case
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Why can access to justice be problematic with civil claims?
there are large costs associated with civil claims
2 of 56
Why is access to justice very important in criminal cases?
where a person's liberty is at stake they should be able to represent themselves properly
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What is legal aid?
when some government funding is available for civil and criminal cases
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Who is in control of legal aid and what act is this following?
the ministry of justice

the legal aid, sentencing and punishment of offenders act 2012 (LASPO)
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In what three scenarios will legal aid be available in?
- where the case is serious

- the person cannot afford to pay legal fees

- the case is eligible
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What are two examples of cases where legal aid is available?
- domestic violence cases

- where someone is at risk of losing their home
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In what two cases is legal aid no longer available in?
- medical negligence

- trespass to the: person, land or property
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How is a person's ability to pay tested and what two factors does this form of testing include?
means tested

includes both income and property
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Why is means testing an issue for some home owners?
many people who own their home are not eligible even though in reality they have no spare money
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What have many found about continuing in practice due to the low rates of pay available to legal service providers doing legal aid work?
continuing in practice is not economically viable
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What did the Legal Services Commission say in their acknowledgment of this?
'' it is clear that there are parts of england and wales in which the need for publicly funded legal services is not being met''
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What has the low rates of pay available resulted in and when is this the case?
advice deserts

where no publicly funded legal advice is available for citizens
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What did the Select Committee on Constitutional Affairs note in 2004 about legal aid even where there are enough providers?
'' the legal aid system is increasingly being restricted to those
with no means at all...in many cases
this may amount to a serious denial of access to justice''
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What has now reduced even further in legal aid?
the financial limits
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Who supervises criminal legal aid and oversees all applications for legal aid?
the head of criminal casework
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What are the two times legal aid will be provided in criminal cases?
in custody
&
in legal proceedings
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In which section of LASPO 2013 is legal aid outlined in custody?
s13
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What two things are to be available to an arrested individual and held in custody or other premises if they qualify?
initial advice
&
initial assistance
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Who decides if the individual qualifies?
the head of criminal casework
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What must the head of criminal casework have regard for when deciding if the individual qualifies?
the interests of justice
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Who would advice be provided by and what will they work at?
a duty solicitor

from a law firm
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What must the duty solicitor from the law firm have with the legal aid agency to provide such assistance?
a contract
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In which section of LASPO 2013 is legal aid outlined in legal proceedings?
s15
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What three things are included in legal proceedings?
- court cases

- tribunals

- extradition orders
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When is advice and assistance available in legal proceedings?
- before

- during

- after
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Who decides whether an individual will qualify for legal aid in legal proceedings?
the head of criminal casework
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What three things will the head of criminal casework consider when deciding whether an individual will qualify for legal aid in legal proceedings?
- if the individual is likely to lose their liberty or loss of reputation

- whether the individual is able to understand or present their case on their own

- whether the proceedings concern an important question of law
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What must organisations have with the legal aid agency to provide these services?
a contract
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What are three examples of these organisations?
- solicitors in private practice

- law centers

- some citizens advice bureaux
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To decide if you are eligible, what does the Legal Aid Agency consider of an individual?
their gross annual income
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What three things does an individual's gross annual income include?
- salaries of claimant (and partner)

- certain benefits

- pension entitlements
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What must the claimant's income be more than to be unlikely of receiving any legal aid?
£22,325
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If it is below £22,325 what must the legal aid agency consider (with examples) and then decide?
the claimant's outgoings, e.g childcare and rent

decide how much assistance he can receive
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What are the four other sources of legal advice?
- private funding

- citizens advice bureau (CAB)

- law centers

- schemes run by lawyers
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What is private funding?
when anyone who can afford it, pays for a solicitor and/or barrister to advise them or deal with a legal matter
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What is a disadvantage of private funding and give use of how much an hourly cost for a solicitor is outside London?
proves very costly

average hourly cost outside london for a solicitor is £150
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When was the citizens advice bureau (CAB) set up and how many are there throughout the country?
1938

around 1000 throughout the country
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What kind of organisation is the citizens advice bureau and where are they available?
a charity organisation

available in most towns
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What does the CAB provide people with (and include examples) and what does it advise people on?
free advice to anyone on a variety of issues mostly associated with social welfare and debt problems

can advise on legal issues
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If problems require further action who can they contact to help?
appropriate agencies or solicitors to help
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Who do most CAB centers work with and what basis do they offer advice on to their clients?
a firm of solicitor

offer advice on a pro-bono basis to the clients
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What does a pro-bono basis mean?
free
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When have law centers existed since?
1970
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What do law centers offer to people in their area?
free, non means tested legal advice
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Where are they usually found and how many are there throughout the UK?
in larger cities

60
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What is the aim of law centers?
to provide free legal advice in areas where access to the legal system is limited
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What issues do law centers specialize in?
social welfare issues
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Who and what funds law centers and why is this an issue?
the ministry of justice
&
legal aid

they have faced heavy cuts in recent years
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In a scheme by a solicitor what kind of interviews do they offer?
free or fixed fee initial interviews
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What source has a list of solicitors who will offer this service?
local citizens advice bureaux
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What does the bar also run where barristers give their spare time, free of charge to represent clients?
the free representation unit (FRU)
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What right does anyone held as a suspect at a police station have?
a statutory right to free legal advice
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What article and what act protects this?
article 5 of the human rights act 1998
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Who is this initial advice given by?
a duty solicitor
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How often is legal aid available in a day?
24 hours a day
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Other cards in this set

Card 2

Front

Why can access to justice be problematic with civil claims?

Back

there are large costs associated with civil claims

Card 3

Front

Why is access to justice very important in criminal cases?

Back

Preview of the front of card 3

Card 4

Front

What is legal aid?

Back

Preview of the front of card 4

Card 5

Front

Who is in control of legal aid and what act is this following?

Back

Preview of the front of card 5
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