2. By the end of today’s session, all students should be able to;  State the managing bodies of legal aid for both civil and criminal cases,  Explain what a means test and an interests of justice test is,  Evaluate the impact legal aid has on access to justice.

3. The Community Legal Service provides services for legal matters in the following ways; Legal Help Help at Court Legal Representation Support Funding

4. What do you think are the main difficulties people face when seeking legal assistance? 1.Lack of knowledge - Many people do not know how to choose or contact the solicitor that may be right for them. 2.Feeling intimidated - A person may feel intimidated talking to a solicitor or barrister. 3.The financial cost - Solicitors may charge anything from £100 for a routine appointment an hour to around £700 an hour for more specialist work by a top law firm.

5. When a person is unable to get the help they need, they are being denied access to justice. Access to justice requires an open system that allows people to fund the cost of their case. Various different schemes have been introduced with the aim to make the law more accessible for everyone. One of the earliest schemes was the Citizens Advice Bureaux, which was set up in 1938 and operates in most towns and cities. They do now of course have a website that is accessible to most.

6. Funding the cost of cases still remains a problem. Legal fees can run into thousands of pounds in the High Court and even in the County Court your legal costs may exceed any damages that may be rewarded to you. What additional risk do you take in a civil case? In criminal cases a person’s liberty may be at risk and it is essential they are able to defend themselves properly.

7. The Legal Services Commission was set up by the Access to Justice Act 1999. The Legal Services Commission is responsible for identifying the needs and priorities of funding and developing the delivery of legal services in order to meet those needs. In civil cases, it is responsible for managing the Community Legal Service Fund which pays for legal funding in qualifying cases. In both criminal and civil cases the Legal Services Commission can make contracts with providers of legal services so that these providers can do legal work and recieve payment from the government on their client’s behalf.

8. In March 2010, the House of Commons Committee of Public Accounts criticised the Legal Services Commission for its financial management. At the end of 2010 the Government issued a consultation paper suggesting the abolition of the Legal Services Commission. Instead Legal Aid would be available and this would be run by the Ministry of Justice.

9. Every year when the Government’s budget is calculated, a set amount is set aside to help people fund legal cases. The total amount of the legal aid budget is about £2bn a year, making it "one of the most expensive legal aid systems in the world" (Ministry of Justice). Most of this budget will be spent on criminal cases but some money goes to the Community Legal Service Fund to deal with civil cases.

10. There are two problems with this; 1. Firstly, there is a limit or cap on the amount set aside in the Government’s budget; 2. Secondly, criminal cases take priority on funding and so there may not be enough left for civil cases. This can lead to civil cases which have merit being refused funding just because the money has run out.

11. A person applying to use one of the legal services provided by the Community Legal Service must show that they do not have enough money to pay for their own lawyer. In order to decide if the applicant is poor enough to qualify for government-funded help, their income and capital are considered. People receiving Income Support or Income-based Job Seekers’ Allowance automatically qualify, assuming their disposable capital is below the set level. For all other applicants their gross income is considered first.

12. A person’s disposable income is calculated by starting with their gross income and taking away; tax and national insurance; housing costs; childcare costs or child maintenance payments; an allowance for themselves and each of their dependants. If the amount left after making all deductions is below a minimum level, the applicant does not have to pay any contribution towards their funding. If the amount left is over a maximum level the person will not qualify for any of the schemes provided by the Community Legal Service.

13. Where the disposable income is between the minimum and maximum level, the person apply for legal help has to pay a monthly contribution towards any legal costs. Below minimum - help is free Between minimum and maximum pay an increasing contribution. Over maximum - no funding

14. Disposable capital is the assets of the person, such as money in a bank or savings account, stocks and shares or expensive jewellery. In order to qualify for funding to take a court case there is a maximum limit for disposable capital. If your assets are over this limit, you must fund your own legal case. Once they have spent the money in excess of the maximum limit they can become eligible for funding. Even where the disposable capital is above the maximum limit, they can be asked to pay a contribution towards their case.

15. When people have a legal problem, the first thing they want is advice. The Community Legal Service provides various services to try and make sure that advice is easily accessible. One of these is a telephone service, CLS direct, as well as a website offering advice, www.clsdirect.org.uk.www.clsdirect.org.uk Community Legal Advice Centres were established in 2006. They are drop in centres that provide advice on debt, welfare, benefits, community care, housing and employment. People can also get advice from a solicitor or a not-for-profit organisation if they have a contract with the Community Legal Service to give advice under the Legal Help scheme. To receive advice in this way the person has to come within the financial limits we have discussed.

16. This is where the Community Legal Services pays for the whole of a court case including paying for a lawyer to represent you in court. Legal representation is available for both claimants and defendants. Means test - The person wanting representation paid from government funds must show they qualify financially Merits test - The merits of the case are considered, (whether the case deserves and is worthy of legal funding).

17. As well as the means and merits tests there are other factors that need to be considered before a person is given help; the availability of money in the Community Legal Service Fund; the importance of the matters for the individual; whether the case can be funded in another way, such as through a conditional fee agreement; the conduct of the individual; the public interest.

18. Not every civil matter can qualify for public funding. Certain types of civil cases are exempt. These are: consumer and other contractual disputes most immigration cases Criminal Injuries Compensation Authority cases private family law, for example, divorce, dissolution of civil partnership, property, finance and children matters (other than cases where there is evidence of domestic violence or child abuse). personal injury or death tort and other general claims conveyancing advice on will-making matters of trust law company or partnership law business law legal advice in relation to a change of name defamation or malicious falsehood

19. Not enough legal service providers have contracts. This is partly due to cutbacks in funding, meaning fewer contracts being handed out and less money being paid to contracted legal service providers, making them more less likely to take part in the scheme. Even when there are enough legal services providers in a particular area, only those who have very low levels of income and capital can qualify for help. The fact that there is a limit on the amount given by the budget means that some cases will not be funded as there is no money left for them. Also, the fact that criminal cases take priority on funding means there may not be enough left for civil cases. Funding is not available for all cases, so if you are a victim of severe personal injury, your are unable to claim public funding to help fund your case.

20. Using your handouts, create ten questions from the information we have discussed. Make sure you know the answers. You will then test the person next to you, before swapping around. Complete the table I have handed out. Refer to your powerpoint handouts as last resort.

21. Under the Access to Justice Act 1999, the Legal Services Commission was required to establish a Criminal Defence System aimed at; “securing individuals involved in criminal investigation or proceedings have access to such advice, assistance and representation as the interests of justice require.” The Criminal Defence System offers the following schemes; duty solicitor schemes; advice and assistance; and representation.

22. The Access to Justice Act 1999 states that the Legal Services Commission shall fund such advice and assistance as it considers appropriate for individuals who are arrested and held in custody at a police station or other premises.

23. Since May 2004, the work done by duty solicitors has been reduced. They can no longer attend a police station where the client is detained: for a non-imprisonable offence; on a warrant; in breach of bail conditions; or for drink-driving offences. A duty solicitor can still attend for the above in situations where the client is vulnerable, for example a youth, mentally ill, cannot speak English. They can also attend where the client complains of serious maltreatment by the police.

24. Advice and assistance can be given by solicitors who have a contract with the Legal Services Commission to do criminal legal aid. It is limited to one hour’s work. Normally it is just for advice, but it can include advocacy if the solicitor has applied for a representation order which has been refused. Normally there isn’t a means test for advice and assistance and only those on low incomes will qualify. The exception to the means test is that a duty solicitor at a Magistrates’ Court can still see all defendants in custody under the advice and assistance scheme. This is free for everyone in custody, as it is important to protect the defendant’s human rights.

25. In order to get representation, the defendant has to qualify under the ‘interests of justice’ test. Also for cases in the Magistrate’s Courts, the defendant is means tested as well.

26. As well as having to qualify under the ‘interests of justice’ test, defendants who are being tried in the Magistrate’s Court are also means tested. Those on income support, defendants under 16 and those under 18 in full time education automatically pass the means test; For everyone else, the test starts with calculating gross income. Those below the limit will qualify, those above the limit will need a full means test to calculate their disposable income.

27. A defendant will only get help with legal funding for representation in court if he can show that he comes within at least one of the five interests of justice; 1.the individual would be likely to lose his liberty or livelihood or suffer serious damage to his reputation 2.the case will involve consideration of a point of law 3.the individual is unable to understand the proceedings in court or to state his own case 4.the case may involve the tracing, interviewing or expert cross-examination of witnesses 5.it is in the interests of another person that the individual is represented

28. Annual Adjusted Income Result Magistrates’ Court Committal for Sentence Appeal to the Crown Court Crown Court Trial £12,475 or less PassFunded No income contribution More than £12,475 but less than £22,325 Go to full means test Depends on outcome of the full means test Possible fee, depending on outcome of full means test and outcome of appeal Possible income contribution, depending on the outcome of the full means test £22,325 or more FailNot funded Possible fee, depending on outcome of the full means test and outcome of appeal Depends on the outcome of the full means test Applicants with an annual household disposable income of £37,500 or more will not be eligible for legal aid in Crown Court trials. Applicants with a household disposable income between £3399 and £37,499 will be eligible but will be liable for an income contribution.

29. This was gradually introduced again in 2010. There is no upper limit on disposable income. All defendants can claim legal aid. Only 1 in 4 will have to pay. The higher the income the higher the contribution that will need to be paid. If a defendant is found not guilty, any contributions paid will normally be refunded.

30. The interests of justice test is applied very strictly - there must be a real risk of imprisonment. This means that someone with multiple convictions may qualify over someone on trial for their first offence. The means test is also very strict - the levels of income allowed are very low. Fewer solicitors are willing to take on such contracts as the fees they earn are set at a low amount. The amount of money provided by the Government for legal aid has not risen inline with inflation, meaning the Legal Service Commission has less money to allocate.

31. 1.Which service provides publicly funded advice and representation in criminal cases? 2.Give two publicly funded advice schemes which are available in criminal cases. 3.What is the ‘interest of justice’ test in criminal cases? 4.What is the main difference between the means test in the Magistrate’s Court and that in the Crown Court. 5.Explain two problems with the public funding of criminal cases

32. By the end of today’s session, all students should be able to;  State the managing bodies of legal aid for both civil and criminal cases,  Explain what a means test and an interests of justice test is,  Evaluate the impact legal aid has on access to justice.