Legal Aid and Funding 

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  • Legal Aid and Funding
    • Introduction: Why do we need it?
      • Uphold Article 6 - right to a fair trial and so that there isn't potential infringement of article 5 - right to liberty and miscarriages of justice.
        • People aren't aware of legal aid.  .
        • People can't pay the money.
        • People find solicitors and barristers not approachable.
        • People don't realize their issues may have legal implications.
    • Background: 1949 - First state funded legal aid scheme.
      • 1999: Access to justice Act
      • Legal Aid and prosecution of offenders act 2012: legislation now containing legal aid.
    • Types of advice:
      • s58 PACE 1984: Right to a solicitor --> Duty solicitor
      • Assistant Advocacy: Solicitor looking over paper work, pre-trial matters. Prepares case etc...
      • Advocacy representation: Presenting case in court .
    • Tests?
      • Interest of Justice test
        • Previous convictions, risk of custody
      • Means test:
        • Looks at disposable income of individual
          • Crown Court: over £37500 then no funding if slightly under then they have to contribute towards cost
          • Magistrates court: Under 12500 then get full funding


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