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Access to Justice Act 1999
Civil
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Legal
Services Commission
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Access
to Justice Act 1999
Criminal
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1.
General
AdviceNow web site,
leaflets, government
information, departmental websites
Free to all
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1.
Duty solicitor:
Police
station and court:
Free to all
via Defence Solicitor Call Centre (DSCC)
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2.
Legal Help
Means Tested
Provides initial advice and assistance with any legal problem.
This is sometimes referred to as the “green form”
scheme (for historical reasons).
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2. Advice and assistance
Means Tested
Covers help from a solicitor including
giving general advice, writing letters, negotiating, getting a barrister’s
opinion and preparing a written case.
It enables people of small or moderate means
to get help from a solicitor.
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3.
Help at Court
Means Tested
Funds
advocacy services of a solicitor or adviser at certain court hearings,
without formally acting for a client in the whole proceedings.
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3.
Advocacy Assistance:
Means Tested
Covers the cost of a solicitor preparing a
case and initial representation in certain proceedings in both the
magistrates’ court and the Crown Court.
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4.
Family mediation
Means Tested
Covers mediation for a family dispute, which
means trying to reach an agreed settlement with the help of an independent
mediator.
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Automatically get legal aid
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Income Support
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Income based Jobseeker's allowance.
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Gross monthly income of less than £2,288.
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Monthly disposable income below £267 and disposable capital of £3,000 or
less.
Contributions payable above these amounts.
Latest limits
here
Eligibility calculator
here |
4.
Representation
for criminal offences
Means tested
Merits tested
“In
the interests of Justice”
Widgery
Criteria
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is serious enough that on conviction a custodial sentence is possible,
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there is a possibility of loss of livelihood or damage to reputation,
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there is a substantial question of law to be argued,
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the accused is unable to understand the proceedings (e.g. does not speak
English or is mentally ill).
Income and capital
limits. |
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5. General Family Help
Means Tested
Provides funding for negotiation or otherwise,
including services covered by Legal Help.
Also the steps needed to obtain the early resolution, or a consent order.
But not representation at a contested final hearing.
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Public Defender Service
As part of the launch of the Criminal Defence Service the Commission began
piloting its own Public Defender Service.
Under the four-year pilot, which began in
2001, eight offices have been established, comprising staff directly
employed by the Commission.
The pilot will form the basis of research
into the merits of a mixed (private practice and employed) CDS. |
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6.
Legal Representation:
Means Tested
Funds representation in court (either taking or defending proceedings).
Two forms:
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Funding Criteria
Cases will be funded or not for many reasons
laid down in the Funding Code:
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Free - to all - criminal representation in
the Crown Court |
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Some cases are now carried out under a
“conditional fee agreement” (CFA). |
N.B.
State funding (formerly legal aid) is
regularly changing both the funding limits and criteria. |
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cls direct |
Covers
11 Million citizens
Remainder
= unmet need
The cost of legal aid has risen
from £1.5 billion in 1997 to £2.1 billion in
2006
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