11. Access to justice

Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley

This chapter addresses the issues and arguments surrounding access to justice. The chapter considers the recent changes and proposed changes to legal aid provision. There is an outline of the basic principles relating to public funding in both civil and criminal cases. Different methods of funding civil legal representation are discussed including CFAs and DBAs. Organisations involved in giving legal advice include Citizens’ Advice Bureaux and law centres are also included in the discussion about the availability of legal advice.

2020 ◽  
pp. 417-441
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha

This chapter addresses the issues and arguments surrounding access to justice. The chapter considers the recent reforms and proposed changes to legal aid provision. There is an outline of the basic principles relating to public funding in both civil and criminal cases. Different methods of funding civil legal representation are discussed including CFAs and DBAs. Organisations involved in giving legal advice on a pro bono basis, including Citizens Advice Bureaux and law centres, are also included. in the discussion about the availability of legal advice. The chapter aims to stimulate thought about the idea of access to justice and whether such access is fair and open to all in England and Wales.


Author(s):  
Tom Smith ◽  
Ed Johnston

The right to legal representation is a fundamental right, and arrangements for funding this are crucial to ensuring access to justice for those accused of criminal offences. Criminal legal aid has long been regarded as an entitlement for most citizens, particularly the most economically vulnerable. However, criminal legal aid has been cast in a different light in recent years, viewed not through the lens of welfarism but subjected to neo-liberal values such as cost neutrality, marketisation and managerialism. This was particularly evident in the ‘Transforming Legal Aid’ consultation of 2013, which resurrected the idea of competitive tendering for provision of criminal legal aid services. Although not pursued in full, subsequent changes – including cuts of 8.75% to fees for legal aid lawyers – appear to have significantly affected the scope of criminal legal aid. The number of providers of such services has consistently declined over the past decade and firms have frequently reported significant financial pressure. Arguably, these reforms – justified in neo-liberal terms – have affected access to justice and by extension the quality of justice offered by the Criminal Justice System, CJS. This chapter will examine the market-driven reform of criminal legal aid in recent years, and consider two apparent examples of impact: evidence of an increasing number of litigants-in-person in criminal cases; and the outsourcing of police station work to independent ‘agents’. The chapter will also question some of the apparent contradictions in neo-liberal reform of criminal legal aid, such as the deliberate policy of reducing the size of the provider market; and the ‘false economies’ created by the pursuit of efficiency and economy: goals which are underpinned and enforced by the Criminal Procedure Rules.


2019 ◽  
pp. 557-584
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare

This chapter examines the key issues surrounding the funding of civil litigation and how this impacts upon access to justice. It begins with a discussion of the concept of legal aid before moving on to consider the reforms introduced under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, where legal aid has been withdrawn from significant forms of civil litigation and the eligibility criteria for legal aid altered. The roles of alternative funding arrangements and non-legal organizations operating in the provision of legal advice are also explored.


2005 ◽  
Vol 49 (1) ◽  
pp. 54-72
Author(s):  
Hennie van As

Democracy and the adoption of a Bill of Rights for South Africa not only brought about political change, but it also created expectations of a better life for all. The Constitution guarantees equality before the law, access to a fair hearing and the right to legal representation in criminal matters, and the Legal Aid Board is one of the institutions tasked with giving effect to these pledges. In order to achieve its objectives and to fulfil its obligations, government embarked upon a process of transformation of existing structures and institutions and the creation of new ones. Although legal aid, and statutory provision therefore, are not new concepts in South Africa, constitutionalization resulted in the restructuring of the Legal Aid Board and changes in the method of delivery of its services. The focus is on rendering legal representation in criminal matters to the neglect of civil and non-legal problems that the poor often face, resulting in the impression that government is merely paying lip service to the promise of access to justice. This lends credence to the perception that the legal system exists in order to protect the interests of criminals. Being a developing country, it is comprehensible that priorities have to be set, but it is also true that optimum use should be made of existing structures and resources in order to deal with the needs for legal aid services as expressed by the recipients of those services. Involving students and local government are two methods that can be employed to address the multi-farious problems experienced by the less fortunate members of society.


Author(s):  
Paul Veitch

<p>The legal representation of patients detained under the Mental Health Act 1983 (the Act) by way of public funding is very recent. Prior to the Act legal representation was not commonplace and was not seen as desirable. A Royal Commission report in 1957 commented that “As the proceedings on applications to Mental health Review Tribunals will usually be informal and neither the patient nor the hospital or local authority will usually need to be legally represented...”5 It was the Legal Aid Act 1974 that granted public funding for a solicitor to prepare a case for a Mental health Review Tribunal under the Legal Advice Scheme (the Green Form, remember those uncomplicated days!). This was means-tested but did not grant funding for actual representation. Public funding for representation at the hearing was only granted on 1st December 1982 under ‘Assistance by Way of Representation’. A time span up until today’s date of only 28 years!</p>


Author(s):  
Richard Susskind

More people in the world now have access to the internet than access to justice. According to the Organisation for Economic Co-operation and Development (OECD), only 46 per cent of human beings live under the protection of the law, whereas more than 50 per cent of people are now active users of the internet in one way or another. Annually, one billion people are said to need ‘basic justice care’ but in ‘many countries, close to 30 per cent of problem-owners do not even take action’. As for public funding of legal and court services, it was found in a leading global study of legal aid, involving 106 countries, that around one-third ‘have not yet enacted specific legislation on legal aid’ and that the ‘demand for legal aid for civil cases is largely unmet in most countries.’4 Meanwhile, the courts of some jurisdictions are labouring under staggering backlogs—for example, 100 million cases in Brazil (as noted), and 30 million in India. Even in those legal systems that are described as ‘advanced’, court systems are under-resourced, and the resolution of civil disputes invariably takes too long, costs too much, and the process is unintelligible to ordinary people. The broad case for change is self-evident—in varying degrees, the court systems of our world are inaccessible to the great majority of human beings.


2019 ◽  
pp. 308-338
Author(s):  
Carolyn Hoyle ◽  
Mai Sato

This concluding chapter summarises the book's key findings and examines the main cultural and structural influences on the Criminal Cases Review Commission's decision-making. It begins with a discussion of three significant changes to the Commission's ‘surround’: reductions in legal aid for defendants and appellants; growing evidence of non-disclosure of potentially exculpatory evidence by police and prosecution; and the declining reliability of forensic science evidence. The chapter then considers the critics' claim that the Commission's referral rate is too low and how this raises concerns about access to justice, along with developments in the surround in relation to the ‘field’ and the ‘frame’. It also analyses variability in the Commission's response to cases and its relationship with various ‘stakeholders’. Finally, it looks at the notion that the Commission is too ‘deferential’ to the Court of Appeal when it comes to making decisions about which cases meet the ‘real possibility test’.


2013 ◽  
Vol 2 (1) ◽  
pp. 120-150 ◽  
Author(s):  
Hussein Ahmed Tura

This article examines the extent to which state-funded legal aid in criminal cases is recognized and implemented in Ethiopia. The Federal Democratic Republic of Ethiopia (FDRE) Constitution and human rights treaties to which Ethiopia is a party recognize an indigent’s right to defense counsel at state expense where the interests of justice so require. However, on the basis of available data collected from the courts, the police stations and prisons, this article finds that the implementing institutions, such as the Office of Public Defenders, are not operating effectively and moreover the public generally lacks legal awareness. These impediments have in turn contributed to a number of indigent accused being tried and convicted without the benefit of legal advice and representation at different stages of proceedings. It has also been found that almost all unrepresented accused have committed serious errors in said proceedings. In addition, lack of legal aid affects the overall justice system since the indigent cannot defend themselves against trained prosecutors armed with state power. In this article it is argued that in order for Ethiopia to implement an indigent’s right to state-funded legal aid, an independent legal aid agency must be established, which should be responsible for the administration of legal aid.


Author(s):  
Heather Douglas

This chapter explores women’s involvement with lawyers after experiencing intimate partner violence (IPV). While women generally had a positive experience with their own lawyers, many women reported difficulties in getting access to and retaining state-funded legal aid. Women who paid privately for legal advice and representation often faced mounting debts, causing significant anxiety. Some women found their stress and debt were amplified by their ex-partner’s abuse of legal processes and, in some cases, the unethical behavior of their ex-partner’s lawyer. For many women their circumstances in relation to legal representation and potential costs influenced their decisions about going to law. This chapter also explores the range of strategies and compromises women employed to access legal support and the stresses and challenges they faced when they were only partially represented or unrepresented.


2018 ◽  
Vol 52 ◽  
pp. 00040
Author(s):  
Rosmalinda ◽  
Arif

Some criminal cases took place in palm oil plantation and agriculture area as the crime scene. Unfortunately, the cases involved children and women. This paper discusses on the research results of a study on the development of legal aid model for marginal people including people with disabilities. There were two research questions namely the situation of PwD and how they access the justice. The data were collected through literature review and field study. There were 52 persons who participated in in-depth interview and 3 Focus Group Discussion. All informants are PwD and people who supported PwD. This study figured out a case of sexual harassment which located in palm oil plantation. The victim is a girl with hearing impairment. The result of the study shows that PwD could not access the justice due to the distance and lack of information concerning legal aid provider. Furthermore, data of PwD is not available properly either at the government office or Community Social Organization (CSO)


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