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Legal System - ATJ

Access to Justice

QuestionAnswer
Access to Justice is a Human Right under what Act? Article 6 of the ECHR (right to a fair trial)
R v Lord Chancellor 2017 Lord Reed's judgement said that tribunal fees blocked human rights as they didn't have proper access to justice
What body organises legal aid? Legal Aid Agency (LAA) set up by LASPO 2012. This organisation is government funded
Who sets the criteria of legal aid? minister of Justice/Lord chancellor
What does Legal Aid do? Gvt provides government employees or firms/barristers with government contracts to give legal advise/representation
What Civil areas of law did LASPO remove gvt funding for? Contract law, Criminal Injuries Compensation (no win no fee), Debt (unless risk to home), Housing, Personal Injury
What Civil areas of law are still funded by gvt? Family law involving Domestic Violence, Mental health cases, Asylum cases, Debt & Housing where immediate risk to home
What tests are used to see if you are eligible for government funding for civil law cases? Means test (<£8k savings, <£2657pm), Merits Tests (prospects of success, public interest test, reasonable test, damages, costs)
What are some examples of support by government for civil cases? Confidential Legal Advice help line, legal help, help at court, family help (mediation), legal representation
What act sets out gvt funding for criminal law cases? s13-22 LASPO 2012
What are the tests used to see if you are eligible for government funding for criminal cases? Means test (<£37,500 household income), Merits Test (Interests of Justice Test)
Outline the Interest of Justice Test used to see eligibility for gvt funding in criminal cases? likely to lose liberty/livelihood, point of law, D can't understand proceedings, Examination of witnesses (requirement of LR)
What are some examples of support by the government for criminal cases? Advice & Assistance - before charge (duty solicitor/hotline), Advocacy assistance, Representation (means/merits tests)
What are some other sources of legal help outside the government? Law Centres, NFP agencies (Trade Unions), legal professionals (conditional fee lawyers, pro-bono, damages based agreements)
What are some evaluative points against the current legal aid system? Cuts to funding (fewer can get funding), complicated application process, increased self-rep (slow/inefficient), advice 'deserts'
What are some evaluative points for the current legal aid system? Provides the most legal aid to the less well-off (merit/means test), some kind of aid available to all
Advice deserts Not many firs/barristers with gvt contracts - unable to find legal aid lawyers
Created by: Oscar.G
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