Fair Access to Justice Legal Aid in the UK Zhang Tingting February 2013

Contents I What is legal aid III Legal aid in China IV Five lessons II Legal aid reforms in the UK

I What is legal aid ● A kind of judicial relief. ● Those who are in poverty or are special cases may get legal assistance by means of a reduction or an exemption from service fees. ● Guarantee all citizens enjoy equal protection by law. ● The fair access to justice. ● Nobody should be financially unable to prosecute a just and reasonable claim or defend the legal right.

II Legal aid reforms in the UK The earliest country to set up a legal aid system The best legislation and operating regulations The most sufficient funds ● Fundamental to a fair and decent society. ● One of the cornerstones of the post-war welfare state.

The Legal Aid, Sentencing and Punishment of Offenders Act Legal Aid Reform History Access To Justice Act 1999 the Way Ahead(2006), Legal Services Act 2007 Legal Aid Act 1988 II Legal aid reforms in the UK

FOCUS Budget Quality Meeting problems, resolving problems.

II Legal aid reforms in the UK The First Reform---Legal Aid Act 1988 ● Legal Aid Commission( LAC) take over the Law Society. ● More convenient to get legal aid. Problems: ● Sharp increase of funds. £0.4b → £1.3b → £1.5b (1988) (1994) (1997) ● Lack of effective measures to ensure legal service quality.

II Legal aid reforms in the UK The Second Reform---Access To Justice Act 1999 ( Current act of legal aid) ● Legal Service Commission( LSC) took over the LAC. ● Made great progress in the legal service quality. Problems: ● The uncontrolled increase of spending. £1.6b (1999) → £2b (2006) ● “The top of the legal aid legislation.”

II Legal aid reforms in the UK The Third Reform---The Way Ahead (2006), the Legal Services Act 2007 ● Guarantee a sustainable legal aid system. ● Balance in the interests of clients, providers and the taxpayer. ● A competitive market based system: Fixed and graduated fee schemes, standard contract, running tenders. ● The Turning Point of Legal Aid

II Legal aid reforms in the UK Controlled the budget successfully Note: CLS: the Community Legal Service, includes contracted solicitors and advice agencies which provide civil and family legal advice and representation. CDS: Criminal Defence Service, provides legal advice and representation to people being investigated or charged with a criminal offence. Year CLSCDSCLS and CDS Adminis -tration spen d ￡ m acts m each act spend ￡ spend ￡ m acts m each act spend ￡ total spen d ￡ m totle acts m Each act spend ￡ spend ￡ , , , , , , ,

II Legal aid reforms in the UK

The Fourth Reform: The Legal Aid, Sentencing and Punishment of Offenders Act 2012 ● Focus on cases where legal help is most needed. ● Cut the legal aid bill by £350m a year by ● Major changes to the scope, eligibility and methods of delivering legal aid in civil cases. ● In April 2013, LSC will be replaced by the Legal Aid Agency – an Executive Agency of MoJ.

II Legal aid reforms in the UK Different voices LawyerThey threatened to strike. Not-for-profit sectors Extremely challenging, in “jeopardy” of closing. Pro bonoLess pro bono help for individuals. Law schoolsStudents take up part-time voluntary roles as community legal companions. CourtFar too complex and obscure for those representing themselves. ClientsPreparing a case for appeal is skilled and difficult. GovernmentHope to change the public's attitude. We can’t afford the support.

III Legal aid in China The history ● Legal aid was born in 1996 in China. ( Criminal Procedure Law 1996, Law on Lawyers 1996.) ● Regulation on Legal Aid ● Since 2009, legal aid cases has increased by an average of 14.8 percent a year.

III Legal aid in China The trend-----Expanding ● Reduce the client's economic limit; expand the scope of civil case; increase subsidies standards to the providers; no- limited budget. changeBeforeNow Financial criteria Citizens with access to social relief. Citizens with income lower than average annual minimum income. Scope Added: Education, medical treatment, pollution, food and drug safety. Subsidies to providers £110 for a civil case. £90 for each stage in a criminal case. Increased by 20 percent.

III Legal aid in China 1 Legal aid scale 2 Legal aid service 3 Legal aid institutions 4 Legal aid providers 5 Civil legal aid remuneration What we are comparing

III Legal aid in China 1 Legal aid scale 2011ChinaUK Resource spend £m12.772,115 Totle Acts of assistance m Civil acts m most related to: employment,payment, marriage,domestic affairs most related to: Employment, debt, housing Crime acts m Per-capita expenditur £

III Legal aid in China 2 Legal aid service Legal aid mattersChinaUK Criminal matters Advice, representation and criminal defense same Civil mattersRepresentation, legal advicesame Administrative mattersRepresentation, legal advicesame Free confidential legal advice online Legal aid helpline: 12348, run 24 hours, answered by duty lawyers Community Legal Advice helpline : , Duty solicitor Some cities is testing the duty lawyer scheme at police stations from % coverage of the duty solicitor schemes at police stations and magistrates’ courts The Public Defender Service (PDS) No Provide independent advice, assistance and representation on criminal matters. There are currently four PDS offices, 24 hours a day, seven days a week. The first salaried criminal legal aid provider in England and Wales.

III Legal aid in China 3 Legal aid institutions ChinaUK more than 3,200 governmental legal aid institutions. one headquarter in London, and 13 division in other areas. national level: Legal Assistance Center. under the Ministry of Justice. supervise and coordinate legal assistance across the country. national level: Legal Services Commission （ LSC ）, an independent non-governmental department and responsible for Ministry of Justice. in charge of legal aid work. Provinces lever: Legal-aid centers. supervise and coordinate legal-aid work in their respective jurisdiction. Prefectures and cities lever:legal-aid centers. administer and implement legal-aid programs in their jurisdiction. Counties and districts lever: set up legal-aid centers where conditions permit.where conditions do not permit, the Judicial Bureau of the counties and districts should be responsible for legal aid.

III Legal aid in China 4 Legal aid providers ChinaUK full-time public- employed lawyers(6,000) 30% of the casessolicitors 86.6% of civil contracts(2,557 offices) private lawyers (140,000) 35% of the casesnot for profit sectors 13.4% of civil contracts(431 offices) basic legal service workers(90,000) 32% of the casesbarristers With solicitors, hold 100% crime contracts (2,309 offices) Legal aid volunteers of some social organizations, law schools or law institutes participate specific legal aid work under the organization and direction of legal aid institutions.

III Legal aid in China 5 Civil legal aid remuneration ChinaUK CategoryContracted fixed feeExceptional threshold Clinical Negligence £120--£180 ￡ 213 ￡ 639 Community Care ￡ 290 ￡ 870 Consumer General Contract ￡ 174 ￡ 522 Debt ￡ 196 ￡ 588 Education ￡ 296 ￡ 888 Employment ￡ 225 ￡ 675 Housing ￡ 171 ￡ 513 Miscellaneous ￡ 86 ￡ 258 Personal Injury ￡ 204 ￡ 612 Public Law ￡ 282 ￡ 846 Welfare Benefits ￡ 164 ￡ 492

IV Five Lessons 1 The principle of sustainable development. 2 Legislation to promote and consolidate the reform achievement. 3 Wide consultation with stakeholders before making final decision. 4 Advanced legal aid service quality methods. 5 Encouraging social organizations to take part in.

Thanks to Hilary Holland, Margaret Middleton, Sarah Duxbury, Jeremy Wright!

Thank You!