Government funding for legal cases

Government Funding

Centrally funded schemes to help those people who can’t afford legal advice or legal rep.

LASPO 2012

Legal Aid, Sentencing and Punishment of Offenders Act 2012 - Legal Aid Agency (Ministry of Justice) set up, services were made available like legal help for advice and legal rep.

Civil Legal Aid

Civil Legal Advice - national phone service/website, provides specialist civil legal advice for problems like debt, housing, domestic abuse, family issues, special educational needs, discrimination etc.

Who is Civil Legal Aid for?

It is only available to those who qualify for legal aid (ie pass means test).

Limited claims funded (repossession of property, mental health and child welfare, violence + harassment protection etc).

Civil Means Test

Looks at claimant’s income

Civil Merits Test

Looks at reason for taking legal action + chance of success

Criminal Legal Aid

Under the Legal Aid Agency (makes contracts with law firms for charged people).

Criminal Legal Aid for people in custody

s13 of LASPO 2012 – free legal aid for all who requests it, not means tested, by duty solicitor over the phone unless specific claim.

Criminal legal aid following charge

Goes through the means test and the merits test.

Criminal means test

If going M’s court, very low income, ¾ don’t qualify.

If C court £37.5k+ not eligible, £37.5k-£3,398 partially funded, £3,398 or less fully funded (household disposable income).

Criminal merits test

Considers merits of case (like previous convictions, nature of offence, risk of custody). More serious charge -> more likely to qualify.