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Unit 8 Legal Aid

Unit 8 Legal Aid. Legal Aid - key principle. EQUALITY BEFORE THE LAW Acess to information – legal advice Legal representation – ( courts , police stations ). HISTORICAL DEVELOPEMENT.

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Unit 8 Legal Aid

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  1. Unit 8Legal Aid

  2. Legal Aid - keyprinciple EQUALITY BEFORE THE LAW • Acess to information – legaladvice • Legal representation – (courts, police stations)

  3. HISTORICAL DEVELOPEMENT The importance of access to justice and the right to legal representation was recognised in 1945. Thefirst legal aid schemewas 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 ServicesCommission) and replaced the Legal Aid Board on 1 April 2000.

  4. LSC – Legal Services Commission ... a body set up to runtheCommunity Legal Service andtheCriminalDefence Service The LSC was replaced by the Legal Aid Agency an executive agency of the Ministry of Justice, on 1 April 2013.

  5. LEGAL AID AGENCY • provide civil and criminal legal aid and advice • in England and Wales • helpsmore 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

  6. LEGAL AID CAN COVER… • costs of • legal advice, • family mediation • representation in a court or tribunal • A candidate for legalaidneeds to show that: • thecase is eligible for legal aid • the problem is serious • Thecandidate can’t afford to pay for legal costs

  7. Examplesofcasessupportedbylegalaid • A family is at risk of abuse or serious harm, e.g. domesticviolenceor forced marriage • A personat risk of homelessness or losing your home • A person beingaccused of a crime, face prison or detention • A personbeing discriminated against • A personneedsfamilymediation (separationordivorce) • A personisadding legal arguments or bringing a case under the Human Rights Act

  8. Furtherexamples • challenging the way the government has made a decision about you (actsofpublicadministration) • seeking asylum or if you’ve been the victim of human trafficking • being arrested, charged or questioned by the police • 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

  9. CIVIL LEGAL AID - Civil Legal Advice Service • The scheme under which advice and representation are provided in CIVIL CASES (administered by Legal Aid Agency) • 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

  10. CRIMINAL LEGAL AID administered by the Legal Aid Agency Services funded: Advice and assistance – general legal advice, letter writing, negotiation, preparing a written case, getting a barrister’s opinion 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) Advocacy assistance - costs of preparation of a defence and initial representation in court, but not full representation Representation – costs of preparation of a defence and representation in court

  11. Eligibility - Who cangetlegalaid? Whether a personqualifies for legal aid depends on: • the type of case (merit test – chances to wininthecourt) • your financial circumstances (means test) If a legal problem is covered by legal aid, a personcanget: • advice on rights and options • help with negotiations and paperwork • help if accused of a crime, e.g. advice at a police station • a solicitor or barrister to preparea case and to speak on behalf of a clientin court and some tribunals

  12. 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 • consumer protection groups • Student law clinics (pro bono services to the members of the public) • all providers must meet certain minimum standards and undergo regular quality audits

  13. The work of Legal advice centres • citizenoriented • locatedinworking-classareas • openedintheevenings, overthe weekend Thegoalis to show peoplethatthelawisnothingtheyshouldfear, andthatitcanhelpthem.

  14. Essential terms • 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 • 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;

  15. 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 doplatakobiteljima s malim primanjima

  16. Connect legal terms with their definitions.

  17. Changessince2013… • 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.

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