Legal Aid

Legal aid is state-funded legal representation, advice and assistance, usually carried out by a solicitor or a barrister

It is available since 1949

The government provides funding for legal aid to help people:

- Protect their basic rights and get a fair hearing – the rule of law

- Access the court process to sort out disputes

- Solve problems that contribute to social exclusion

People of limited means: persons who are receiving income support or income based jobseeker’s allowance

Every applicant has to provide a statement about their income and capital

Capital should not exceed £8,000 If a client provides false information, public

funding is taken away

Contracted solicitors or advice agencies who have to meet certain standards and provide a quality service

There are 5,400 solicitors’ offices and not-for-profit advice agencies and 5,578 Duty Solicitors to provide advice at police stations and Magistrates’ Courts

In a democratic society all citizens have a right to access justice and get a fair trial

The aim of legal aid is to help people understand their legal obligations and if necessary enforce their legal rights

Translate the following statement: Many people are reluctant to take a matter

to law; they fear they may be involved in heavy costs and end up worse off then before.

Do you agree with that statement?

Legal aid was born on July 30, 1949 Legal Advice and Assistance Act was passed in

1972 – the services of a solicitor became obtainable for work not necessarily involving litigation

Legal Aid Act 1988 brought various changes of legal aid, including the introduction of means and merit test

Access to Justice Act 1999 established the Legal Services Commission (LSC)

Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 – abolished the LSC and established the Legal Aid Agency

The Legal Services Commission (LSC): The Community Legal Service for civil cases and The Criminal Defence Service for criminal cases

The LSC was established in 1999 It used to run the legal aid scheme in

England and Wales

Abolished the Legal Services Commission The Legal Aid Agency established on 1 April

2013 The Legal Aid Agency provides civil and

criminal legal aid and advice in England and Wales

Means test – to see if the applicant is sufficiently finacially disadvantaged to be eligible for legal aid

Merit test – the case is evaluated in order to establish whether it it is relevant enough to receive public funding

Legal services are being transformed by:- Working only with providers whose

commitment and quality is trusted- Contracted firms undergo regular audits- Changing the way providers are paid- Cutting administration costs

Shorter cases as solicitors and advisors are able to make their own decisions

Less form filling More information early on the case A stronger relation with the solicitor or

advisor

Legal help – giving advice, writing letters or preparing a written case for the court

Help at court – a solicitor can appear in court on a client’s behalf without formally acting for them in the whole proceedings

Family mediation – help with disputes relating to children, money and property out of court

Legal representation – representing a client in court

Funding is available for expensive cases, cases involving human rights issues, housing, family disputes, immigration etc.

It is not available for wills, defamation, claims of personal injury, company law etc.

Legal aid – pravna pomoć People of limited means – ljudi ograničenih

sredstava Fair trial – pošteno suđenje Litigation – parničenje Means test – provjera imovinske sposobnosti Merit test – provjera opravdanosti zahtjeva Jobseeker’s allowance – naknada za nezaposlene Family mediation – obiteljsko posredovanje Defamation - kleveta

Legal aid is a system by which those below a certain _______ can receive free or subsidized legal representation or advice. In _______ cases, it is paid for mainly from public funds. In _______ cases, costs will usually be met from the costs awarded by the court. It was _________ in Britain in 1949, and is now covered in Scotland by the Legal Aid (Scotland) Act (1986), and in England and Wales by the Legal Aid Act (1988). The high ________ of legal advice is placing strain on the scheme.

Legal aid is a system by which those below a certain income can receive free or subsidized legal representation or advice. In criminal cases, it is paid for mainly from public funds. In civil cases, costs will usually be met from the costs awarded by the court. It was introduced in Britain in 1949, and is now covered in Scotland by the Legal Aid (Scotland) Act (1986), and in England and Wales by the Legal Aid Act (1988). The high cost of legal advice is placing strain on the scheme.