Legal Aid Practice Flashcards

A complete set of vocabulary flashcards covering civil and criminal legal aid, featuring eligibility criteria, forms of service, and statutory requirements.

Legal aid

The means by which eligible individuals can have some or all of their legal fees paid from public funds, also referred to as public funding.

Legal Aid, Sentencing and Punishment of Offenders Act 2012

The primary legislation governing legal aid in both civil and criminal cases.

Legal Aid Agency

An executive agency of the Ministry of Justice responsible for administering the legal aid scheme.

Controlled work

A category of civil legal aid where the solicitor determines the client’s eligibility, covering Legal Help and Help at Court.

Licensed work

Civil legal aid work that must be authorized by the Legal Aid Agency on a case-by-case basis, typically for Legal Representation.

Legal Help

A form of civil service covering basic advice and limited steps, such as drafting a letter, but not extending to issuing court proceedings.

Help at Court

A form of civil service funding advice, assistance, and advocacy in relation to a particular hearing rather than general representation.

Legal Representation

Licensed civil work for a client who is a party to or contemplating proceedings, which can be granted on an investigative or full basis.

Sufficient benefit test

The merits test applied to Legal Help and Help at Court to justify work based on whether there is enough benefit to the client given the circumstances.

Reasonable privately paying client test

A merits test for non-monetary civil cases assessing if the benefits justify the cost such that a private client would choose to proceed.

Capital limit (Civil)

For most civil legal aid, the client qualifies only if their capital does not exceed $£8,000$ (or $£3,000$ for immigration cases).

Gross monthly income limit (Civil)

The threshold of $£2,657$ (higher for five or more children) above which a client is ineligible for civil legal aid.

Disposable income limit (Civil)

The monthly figure must be less than $£733$ for a client to qualify for civil legal aid.

Statutory charge

The mechanism whereby the Legal Aid Agency recoups paid fees from any money or property the client receives or preserves in proceedings.

Police Station Advice and Assistance Scheme

A scheme providing free legal advice to anyone at a police station, regardless of their financial means.

Duty solicitor scheme

A rota system where solicitors attend police stations or magistrates' courts to advise defendants who do not have their own solicitor.

Interests of justice test

The merits test for criminal legal aid under s 17 Legal Aid, Sentencing and Punishment of Offenders Act 2012, evaluating factors like risk of liberty loss or legal complexity.

Adjusted income (Criminal)

A figure produced by dividing gross annual income by a factor reflecting partner/children status, used to determine eligibility for criminal legal aid.

Disposable income limit (Magistrates' Court)

To be entitled to criminal legal aid in the magistrates' court, a client must have an annual disposable income of $£3,398$ or less.

Representation order

The confirmation issued following a successful criminal legal aid application allowing a solicitor to incur costs on the client's behalf.