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Access to Justice
Government Funding
The government provides funding for civil and criminal cases in England through several schemes.
- Legal Aid: Legal Aid is a government-funded scheme that provides free legal advice and representation to those who cannot afford to pay for it. Legal Aid is available for certain types of cases, such as those involving housing, employment, welfare benefits, and family law. However, due to funding cuts, eligibility criteria for legal aid have been tightened, and not all cases are covered.
- Crown Prosecution Service (CPS): The CPS is a government-funded organization that prosecutes criminal cases on behalf of the state. The CPS is responsible for reviewing cases that have been referred to it by the police and deciding whether to charge the defendant.
- Public Defender Service (PDS): The PDS is a government-funded organsation that provides legal representation to defendants who cannot afford to pay for a lawyer in criminal cases. The PDS employs barristers and solicitors to provide legal advice and representation to clients.
- Criminal Cases Review Commission (CCRC): The CCRC is a government-funded organization that investigates possible miscarriages of justice in criminal cases. The CCRC can refer cases back to the Court of Appeal if it believes that there is a real possibility that the conviction or sentence was wrong.
- Civil Legal Advice: Civil Legal Advice is a government-funded scheme that provides free legal advice and representation to people who are eligible for legal aid. Civil Legal Advice covers cases involving housing, debt, welfare benefits, and discrimination.
Limitations on Government funding:
There are limitations on government funding for civil and criminal cases. Legal aid is only available for certain types of cases, and eligibility criteria have been tightened in recent years. In criminal cases, the PDS is only available to defendants who are facing a custodial sentence. Additionally, the CCRC can only investigate cases where there is new evidence or argument that was not presented at the trial.
Access to Justice
Other sources of Funding
In addition to government funding, there are several other ways of funding legal action in England. Some of these include:
- Private funding: Individuals or organizations may choose to fund their own legal action. This could include paying for legal fees, disbursements, and any other costs associated with litigation.
- Conditional fees: Also known as “no win, no fee” arrangements, this is a type of funding where the lawyer’s fee is only paid if the case is won. If the case is unsuccessful, the client will not have to pay the lawyer’s fees, but may still be liable for other costs associated with the case.
- Other advice agencies: Organizations such as Citizens Advice, Law Centres, Pro Bono Units, and Free Representation Units offer legal advice and representation to individuals who may not be able to afford a lawyer.
- Trade unions: Many trade unions provide legal representation and advice to their members as part of their membership benefits.
- Insurance companies: Some insurance policies include legal expenses insurance, which can cover the cost of legal action for a range of legal issues.
- Charities: Some charities provide funding for legal action in certain cases, such as cases involving human rights or discrimination.
ACCESS TO JUSTICE
impact of the changes to the legal aid budget
In recent years, the legal aid budget in England has undergone significant changes that have had a profound impact on access to justice for many people. Some of the key changes include:
- The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO): This act brought about significant changes to legal aid in England and Wales, including the removal of legal aid for most civil cases. This has meant that many people who would have previously been eligible for legal aid no longer have access to it, making it more difficult for them to access justice.
- Restricting eligibility for legal aid: The government has also introduced stricter eligibility criteria for legal aid, which has further limited access to justice for some individuals. For example, those with a disposable income of over £37,500 are no longer eligible for legal aid, and the capital threshold has been reduced to £8,000.
- Reduced funding for legal aid: The government has also reduced the overall budget for legal aid, which has led to a reduction in the availability of legal aid services. This has made it more difficult for people to access legal representation, particularly in complex cases.
- Changes to the way legal aid is delivered: The government has introduced changes to the way legal aid is delivered, including the introduction of a telephone gateway for initial legal aid assessments. This has been criticised for making it more difficult for people to access legal aid and for reducing the quality of legal advice available.
The impact of these changes has been significant, with many people struggling to access justice as a result. For example, the number of people representing themselves in court has increased, leading to concerns about the fairness of the legal system. In addition, charities and other organisations that provide legal advice and representation have reported increased demand for their services, but reduced funding from the government has made it more difficult for them to meet this demand.
Overall, the changes to the legal aid budget in England have had a significant impact on access to justice for many people, particularly those from disadvantaged backgrounds. While the government has argued that these changes were necessary to reduce the budget deficit, many legal professionals and campaigners have criticised them for reducing access to justice and undermining the rule of law.
Evaluation
Additional Information
Access to justice is a fundamental principle in any legal system. In England, several options are available for individuals seeking legal advice and representation. These include government funding for civil and criminal cases, private funding, conditional fees, and other advice agencies. In this article, we will evaluate the access to justice system in England by discussing the advantages and disadvantages of these different funding options.
Government funding for civil and criminal cases:
Advantages:
- Provides access to justice for those who cannot afford legal representation
- Helps to ensure a fair and just legal system
- Can lead to more efficient and timely resolution of legal disputes
Disadvantages:
- Eligibility criteria are strict, and many people do not qualify for legal aid
- Legal aid funding has been drastically reduced in recent years, leading to a lack of resources
- The system is often criticized for being slow and bureaucratic
Private funding:
Advantages:
- Provides access to the best legal representation
- Clients can choose their legal representative and work closely with them
- Lawyers are often more responsive to clients' needs and concerns
Disadvantages:
- High cost, which makes legal representation unaffordable for many
- The high cost can also discourage some people from pursuing legal action
- It can be difficult to predict the overall cost of a case, leading to financial uncertainty
Conditional fees:
Advantages:
- Provides access to justice for those who cannot afford legal representation
- Clients only pay if they win their case, reducing financial risk
- Lawyers may be more motivated to succeed in cases as their fees are dependent on winning
Disadvantages:
- The cost of conditional fees can be high, particularly if the case is complex
- Conditional fees can create a conflict of interest between the lawyer and client, as the lawyer's fee is dependent on winning the case
- There is a risk of clients being left with a large legal bill if they lose the case
Other advice agencies:
Advantages:
- Provides access to free or low-cost legal advice and representation
- Can provide assistance to those who do not qualify for legal aid
- Can offer specialist legal advice in areas such as immigration or employment law
Disadvantages:
- The level of service and expertise may not be as high as that provided by a private lawyer
- There may be a long waiting time for advice or representation
- Some advice agencies are reliant on volunteers, leading to a lack of consistency in service provision
In conclusion, the access to justice system in England offers several options for individuals seeking legal advice and representation. Government funding for civil and criminal cases, private funding, conditional fees, and other advice agencies all have their advantages and disadvantages. It is crucial to consider the circumstances of each case and weigh the benefits and drawbacks of each funding option before making a decision. The legal system in England must continue to evolve and adapt to ensure that access to justice is available to everyone, regardless of their financial situation.