Unit 8 Legal Aid

Legal Aid - key principle EQUALITY BEFORE THE LAW - Acess to information – legal advice - Legal representation – (courts, police stations)

The importance of access to justice and the right to legal representation was recognised in  The first legal aid scheme was set up. Legal aid was looked after by The Law Society, the professional body that regulates and represents solicitors. The Legal Aid Board was set up in 1986 to process applications from solicitors for legal aid and pay the bills they sent in. The Access to Justice Act 1999 created the LSC (Legal Services Commission) and replaced the Legal Aid Board on 1 April HISTORICAL DEVELOPEMENT

LSC – Legal Services Commission... a body set up to run the Community Legal Service and the Criminal Defence Service The LSC was replaced by the Legal Aid Agency an executive agency of the Ministry of Justice, on 1 April 2013.

LEGAL AID AGENCY - provide civil and criminal legal aid and advice - in England and Wales - helps more than 2 million people to deal with their legal problem - a team of around 1,450 staff and offices in towns and cities across England and Wales. - head office is in London

LEGAL AID CAN COVER… costs of costs of legal advice, legal advice, family mediation family mediation representation in a court or tribunal representation in a court or tribunal A candidate for legal aid needs to show that: A candidate for legal aid needs to show that:  the case is eligible for legal aid  the problem is serious  The candidate can’t afford to pay for legal costs

Examples of cases supported by legal aid A family is at risk of abuse or serious harm, e.g. domestic violence or forced marriage A family is at risk of abuse or serious harm, e.g. domestic violence or forced marriage A person at risk of homelessness or losing your home A person at risk of homelessness or losing your home A person being accused of a crime, face prison or detention A person being accused of a crime, face prison or detention A person being discriminated against A person being discriminated against A person needs family mediation (separation or divorce) A person needs family mediation (separation or divorce) A person is adding legal arguments or bringing a case under the Human Rights Act A person is adding legal arguments or bringing a case under the Human Rights Act

Further examples challenging the way the government has made a decision about you (acts of public administration) challenging the way the government has made a decision about you (acts of public administration) seeking asylum or if you’ve been the victim of human trafficking seeking asylum or if you’ve been the victim of human trafficking being arrested, charged or questioned by the police being arrested, charged or questioned by the police needing representation at a mental health tribunal or inquest needing representation at a mental health tribunal or inquest appealing a decision made by the social security tribunal about your benefits to the Upper Tribunal, Court of Appeal or Supreme Court appealing a decision made by the social security tribunal about your benefits to the Upper Tribunal, Court of Appeal or Supreme Court

CIVIL LEGAL AID - Civil Legal Advice Service The scheme under which advice and representation are provided in CIVIL CASES (administered by Legal Aid Agency) The scheme under which advice and representation are provided in CIVIL CASES (administered by Legal Aid Agency) Civil legal aid is provided for: Civil legal aid is provided for: - Benefit appeals - Debt, if applicant’s home is at risk - Special educational needs - Housing - Discrimination issues - Help and advice for victims of domestic violence - Issues around the child being taken into care

CRIMINAL LEGAL AID administered by the Legal Aid Agency administered by the Legal Aid Agency Services funded: A) Advice and assistance – general legal advice, letter writing, negotiation, preparing a written case, getting a barrister’s opinion B) Police station advice and assistance – free legal advice from a solicitor with a Legal Aid Agency contract to individuals being questioned by the police (advice and representation by a duty solicitor in the magistrates’ court on a first appearance in court is free) C) Advocacy assistance - costs of preparation of a defence and initial representation in court, but not full representation D) Representation – costs of preparation of a defence and representation in court

Eligibility - Who can get legal aid? Whether a person qualifies for legal aid depends on: the type of case (merit test – chances to win in the court) the type of case (merit test – chances to win in the court) your financial circumstances (means test) your financial circumstances (means test) If a legal problem is covered by legal aid, a person can get: advice on rights and options advice on rights and options help with negotiations and paperwork help with negotiations and paperwork help if accused of a crime, e.g. advice at a police station help if accused of a crime, e.g. advice at a police station a solicitor or barrister to prepare a case and to speak on behalf of a client in court and some tribunals a solicitor or barrister to prepare a case and to speak on behalf of a client in court and some tribunals

Providers of legal services Legal Aid Agency grants contracts to service providers; to obtain legal aid clients can turn only to the service providers who hold a contract with the Legal Aid Agency A) solicitors’ firms B) advice agencies (Citizens’ Advice Bureaux and Law Centres) C) welfare associations D) consumer protection groups E) Student law clinics (pro bono services to the members of the public) - all providers must meet certain minimum standards and undergo regular quality audits undergo regular quality audits

The work of Legal advice centres citizen oriented citizen oriented located in working-class areas located in working-class areas opened in the evenings, over the weekend opened in the evenings, over the weekend The goal is to show people that the law is nothing they should fear, and that it can help them.

Essential terms - access to justice = dostupnost pravde/sudstva - to deny access to justice = osporiti dostupnost pravde - to be accessible to = biti dostupan - to seek justice = tražiti pravdu - legal advice, assistance and representation = pravni savjet, pomoć, zastupanje - to be eligible (ineligible) for legal aid = ispunjavati preduvjete za besplatnu pravnu pomoć; -eligibility = prihvatljivost, ispunjavanje uvjeta -to seek legal aid = tražiti pravnu pomoć - to provide legal aid = davati, pružati pravnu pomoć -to obtain legal aid = dobiti pravnu pomoć -to provide --- a provider --- provision of legal aid

Essential terms - to litigate = parničiti, voditi spor - litigation = sudski postupak, parnica - a litigant = stranka u parnici - to grant a contract to a service provider = odobriti ugovor pružatelju usluge (davanja besplatne pravne pomoći) - means and merit test = test prihoda i imovinskog stanja te utemeljenosti slučaja - to sort out = settle a dispute = riješiti spor - hire-purchase= kupnja na otplatu/obročna kupnja - maintenance = uzdržavanje - to be on Supplementary Benefit = primati socijalnu pomoć (za osobe bez prihoda) - Family Income Supplement = obiteljski doplatak obiteljima s malim primanjima

Connect legal terms with their definitions. Rent Act A payment made by the state to people whose income is below the recognized minimum level. Litigation A form of credit, the system under which the person who hires the goods becomes the owner of them after the last installment of the amount fixed has been paid. Family Income Benefit The process of bringing an action in a court of law. SupplementaryBenefit An Act of Parliament setting out the rights and duties of landlords and tenants. Hire-purches A welfare payment made by the state to people with no income.

Changes since 2013… Significant changes to civil legal aid in England and Wales came into effect on 1 April 2013 part of a plan to reform the system and save £350m a year → some types of case were no longer eligible for public funds -including divorce, -child contact, -welfare benefits, -employment, -clinical negligence, and -housing law except in very limited circumstances.