Jurisdiction - "Modernising Justice"

Access to Justice Act 1999:	The biggest reform of the ELS for at least 50 years, changed both civil and criminal elements of the legal system. Major changes in… • The way the legal system serves the public. • The access the public has to justice. • Revolution of legal aid.
Key Proposals	A new Legal Services Commission oversees two new services. 1. The Community Legal Advice. 2. Criminal Defence Service.
	The Legal Services Commission replaced the Legal Aid Board. The idea is that the Legal Services Commission would build on the experience of the Legal Aid Board, to develop the Community Legal Advice. The Community Legal Advice and the Criminal Defence Service purchase legal services on contract only from skilled lawyers and other providers. These fixed price contracts should make the legal system more efficient and competitive.
Lord Irvine: The force for change comes from Lord Irvine’s contention that there is....	"A vast unmet need for Legal Services in Britain". "Think of all those people who have no real access to justice because they do not qualify for legal aid but dare not risk the costs of going to law to protect their rights." The Legal Services Commission is aimed at focusing state funding of legal services on those who need it most. To develop the legal services people really want.
Six Key Reforms
1. Conditional Fee Arrangements	"No win no fee". A new way for paying for legal services. The lawyer gets nothing if he/she does not win. People can insure against paying the other side’s costs. At the same time civil justice reforms make the courts quicker and less expensive to use. The Access to Justice Act also sets out reforms of the magistrates' court, civil and family courts, also appeals.
2. Funding of Legal Services	Community Legal Advice ensures that every community has access to lawyers of consistently good quality. The Community Legal Advice works with other advice services to develop plans - Local and National - to match the provision of Legal Services with identified needs.
Flexible funding assessment	Assessment helps to decide whether there are better ways of resolving disputes such as Mediation. (See ADR revision document.) Conditional fees introduced and a "Reasonable Person" criterion implemented. • Would a reasonable person be prepared to spend money on this legal issue.
	Public Money directed at the most deserving cases. Priority cases dealt with first such those dealing with children or social welfare.
3. Criminal Defence Service	Private sector lawyers provide publicly funded criminal defence work. Every 'contract' has a quality assurance and prices for contracts would be fixed. Fixed Prices are an incentive to avoid delay and rewards efficient practice.
4. The Legal Services Consultative Panel	oversees legal education training and conduct.
5. Appeals	New jurisdiction of courts to hear appeals in civil and family cases. The main objective being to allow the courts to deal with appeals once at the right level so that only the most complex cases go to the court of Appeal. In essence the Crown and High Courts can be appeal courts. Some High Court judges now hear certain criminal cases.
6. The Magistrates	Modernise the management and organisation of the Magistrate courts. The aim is to improve service and accountability to Court users. Magistrates' Court Committees (MCCs) are expected to meet specified service standards and produce charters letting people know what service they can expect. Magistrates are expected to produce reports setting out how they have achieved these standards. The enforcement of fines is transferred from the police to the magistrates' court. This has enhanced the effectiveness of the penalty and increase public confidence in the punishment. Basically mess with the magistrate and don't pay your fine and you'll find yourself in prison.
Conclusion	The reforms eliminate unnecessary cost, delay and complexity in the civil justice system. A key element is the Civil Justice Procedure Rules, which form the backbone of a new procedural code. This will enable the courts to deal with cases justly. Certain disputed cases will be allocated to the small claims fast track system. Criminal justice reforms take the form of modernising the system to make it better planned and managed in a more co-ordinated way. The government plans to reduce delay in criminal cases, improve the treatment of victims and witnesses and to ensure greater consistency in sentencing. The government has decided to end the requirements for lay magistrates to sit as judges on cases committed to the Crown Court for sentence. In all a pretty radical shake up of access to justice in the UK.
Fees for court action	In September 2005, the Lord Chancellor’s Department announced significant rises in fees charged to people who wish to use courts of civil jurisdiction. It is another move towards making the courts of England and Wales pay their way. The family proceedings courts will increase fees by 650 per cent. An order seeking contact with a child in care will now cost £150, seven times the current cost of £20. A council tax liability order in the magistrates’ court will rise for 70p to £3 and produce additional revenue of over £5 million. This fee, like many others has not risen since 1993.