LEGAL AID
UNIT 8
Preview
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Problems
History
Access to justice
Legal Aid Agency
Providers and receivers of legal aid
Legal aid in civil and criminal cases: The Public
Defender Service (PDS) and Civil Legal Service
(CLA)
Summary
Problems
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1. Lack of knowledge
2. Fear of dealing with lawyers
3. Costs
Costs
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Mr Justice Darling: ‘The law courts of
England are open to all men like the doors
of the Ritz hotel’
Costs of civil cases in the High Court –
thousands of pounds
Costs of the County Court – often higher
than money recovered in damages
The loser has to pay the winner’s costs
History
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1949 Legal Aid and Advice Act: only civil
cases
1964: the scheme extended to criminal
cases
1984 The Police and Criminal Evidence
Act: duty solicitor schemes established
1988 The Legal Aid Act – the system was
consolidated
Access to Justice Act 1999
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The old legal aid scheme replaced by two
schemes:
Community Legal Service for civil matters
– came into effect in 2000
Criminal Defence Service for criminal
cases – started in 2001
Legal Aid, Sentencing and Punishment
of Offenders (LASPO) Act 2012
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Abolished the Legal Services Commission
The Legal Aid Agency established on 1
April 2013
the new statutory office of the Director of
Legal Casework – takes decisions on the
funding of individual cases
ACCESS TO JUSTICE
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The Rule of Law: everyone should be equal
before the law
Implications: everyone should have equal access
to the law and to justice
Full use of legal rights, through adequate legal
services: advice, assistance and representation,
regardless of financial means
The ability to make full use of the court
structure and rights of appeal
THE LEGAL AID AGENCY
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Provides bothe civil and criminal legal aid
and advice in England and Wales
Public Defender Service (PDS)
Civil Legal Service (CLA)
WHO CAN PROVIDE LEGAL AID?
Solicitors, barristers and not-for-profit sector
Contracted solicitors or advice agencies
have to meet certain standards and
provide a quality service
Providers of Legal Services
A) solicitors’ firms
B) advice agencies (Citizens’ Advice
Bureaux and Law Centres)
C) welfare associations
D) consumer protection groups
All providers must meet certain minimum
standards and undergo regular quality
audits
WHO CAN GET LEGAL AID?
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Income: those receiving income support,
income based jobseeker’s allowance or
guaranteed state pension credit
savings, shares, investments, etc. should
not exceed £ 8,000; value of property,
e.g. a house should not exceed £100,000
An applicant has to provide a statement
about his income and capital
Who is eligible for legal aid?
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Means test
Merits test
MEANS TEST
- to establish whether the candidate is on
low levels of income and capital (people
receiving Income Support or income based Job Seeker’s
Allowance automatically qualify)
MERIT TEST
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Civil cases – the test on whether the
case has a reasonable chance of success
and the damages will be worth more than
the costs)
Criminal cases - the test on whether a
defendant’s case is in the interest of
justice (whether it is relevant enough to
be funded publicly)
Penalties
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Penalties for deliberate false statements
about capital and income
Public funding is taken away if a client
gives a solictor wrong information about
his finances
Civil Legal Advice
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You can get help with legal aid for:
benefit appeals
debt, if your home is at risk
special educational needs
housing
discrimination issues
help and advice if you’re a victim of domestic violence
issues around a child being taken into care
TYPES OF LEGAL AID IN CIVIL
MATTERS
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Legal Help
Help at Court
Legal Representation
Support Funding
LEGAL HELP
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A solicitor or legal adviser who has a
contract with the Legal Aid Agency can
give advice, write letters, negotiate, get a
barrister’s opinion and prepare a written
case for court
Covers advice but does not include issuing
or conducting court proceedings
HELP AT COURT
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A solicitor or legal adviser can appear in
court on a client’s behalf at a particular
hearing, without formally acting for him in
the whole proceedings
Legal Representation
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All aspects of a case including starting
or defending court proceedings and
any advocacy needed in a case
Support Funding
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Partial funding of cases which are
otherwise being pursued privately, e.g. a
very high cost case under a conditional fee
agreement
EXCLUDED MATTERS
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Most personal injury cases arising from
negligence
Conveyancing
Boundary disputes
The making of wills
Matters of trust law
Defamation
Matters of company or partnership law
Matters arrising out of the carrying on of a
business
PRIORITY FOR FUNDING
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Child protection cases and cases where a person
is at risk of loss of life or liberty
Other cases concerning the welfare of children
Domestic violence cases
Cases alleging serious wrong-doing or breaches
of human rights by public bodies
Social welfare cases, including housing
proceedings, advice about employment rights,
social security entitlements and debt
Problems with funding of civil
cases: eligibility levels
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2004 the Select Committee on Constitutional
affairs pointed out:
‘At present, the legal aid system is increasingly
being restricted to those with no means at all.
There is a substantial risk that many people of
modest means but who are home owners will
fall out of the ambit of legal aid. In many cases
this may amount to a serious denial of access to
justice’.
Public Defender Service (PDS)
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The CDS ensures that individuals involved
have access to such legal advice
assistance and representation as the
interests of justice require
Public Defence Service
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PDS lawyers – available 24 hours a day,
seven days of week to:
Give advice to people in custody
Represent clients in magistrates’, crown
and higher courts where necessary
LEVELS OF CRIMINAL DEFENCE
SERVICE
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Duty solicitor schemes
Advice and assistance
Legal representation
These three levels are administered under
the general guidance of the Lord
Chancellor
POLICE STATION ADVICE AND
ASSISTANCE
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If the police questions a person about an
offence, he has a right to free legal advice from
a contracted solicitor; no means test for such
advice
Once the accused has asked for legal advice, he
does not have to answer any questions until he
has spoken to a solicitor
The longest one can wait before speaking to a
solicitor is 36 hours after arriving at the police
station (48 hours in cases of suspected
terrorism)
TYPES OF ADVICE
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A duty solicitor can advise the defendant
about:
Bail
Whether to plead guilty or not guilty
Applying for a representation order
Type of sentence a defendant might get
Enforcement of fines or other court orders
where there is risk of imprisonment
Legal Representation
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Covers the cost of a solicitor to prepare a
defence
Covers the cost of a barrister, if a case is
to be heard in the Crown Court
WHEN IS REPRESENTATION
GRANTED?
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Representation is granted if it is in the
‘interests of justice’ that the accused
should be represented:
Indictable offences
Substantial questions of law
Defendant is unable to follow the
proceedings because he does not speak
English or is mentally ill
aid, Commission, Community,
Defence, limited, representation
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Legal__ is state funded legal__, advice and
assistance for people of __means. The Legal
Services__ runs two schemes: the __Legal
Service and the Criminal__ Service.
Key
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Legal aid is state funded legal representation,
advice and assistance for people of limited
means. The Legal Services Commission runs two
schemes: the Community Legal Service and the
Criminal Defence Service.
Summary
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Legal aid in civil matters: 1) Legal Help, 2)
Help at Court, 3) Legal Representation
and 4) Support Funding. Levels of Criminal
Defence Service: 1) duty solicitor at the
police station, 2) advice and assistance,
and 3) legal representation.
Fill in the missing words: access, aid,
equality, fairness, litigation, plaintiff
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Many societies grant legal ___to persons
incapable of paying for a lawyer. The right
of ____ to justice to the poor, especially in
criminal cases, is granted. Even in respect
of civil ___, however, elementary norms
of___ would be undermined where an
impecunious defendant is sued by an
affluent ____or the state. Any semblance
of ___before law would be shattered.
Key
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Many societies grant legal aid to persons
incapable of paying for a lawyer. The right
of access to justice to the poor, especially
in criminal cases. Even in respect of civil
litigation, however, elementary norms of
fairness would be undermined where an
impecunious defendant is sued by an
affluent plaintiff or the state. Any
semblance of equality before law would be
shattered.
Fill in the missing words: charged,
civil, clients, cost, jurisdictions
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The ___involved (to both the state and
individual seeking legal aid) generally
results in preference being given to
assisting those ___ with criminal offences,
though some ___supply free legal aid in
___cases. Certain systems of legal aid
provide lawyers who are employed
exclusively to act for eligible,
impoverished____.
Key
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The cost involved (to both the state and
individual seeking legal aid) generally
results in preference being given to
assisting those charged with criminal
offences, though some jurisdictions supply
free legal aid in civil cases. Certain
systems of legal aid provide lawyers who
are employed exclusively to act for
eligible, impoverished clients.