Introduction to legal aid 1. 1. What is YLAL L and what do we do? - - PowerPoint PPT Presentation

Introduction to legal aid

1.

• 1. What is YLAL

L and what do we do? 2.

• 2. Wh

What is legal al aid? 3.

• 3. A brief(

ef(ish ish) ) hist stor

• ry of legal

al aid 4.

• 4. Work

rking ing in n legal al aid

What is YLAL and what do we do?

• A gr

grou

• up of
• f ju

junior nior and and as aspiri iring ng lawyer ers co commit mmitted ed to to pr practi ctising ing in in areas of

• f law which

ch have tradit itional ionally ly been een pub ublicly cly fun unded ded

• YLA

YLAL was as fou

• unde

nded in in 2005 005 and and ha has over er 2,000 000 me memb mbers acr cros

• ss

the coun untr try

• Memb

Member ers inclu include de st stude dents, nts, para paralega legals, s, trai ainee nee sol solici icitors, s, pupi pupil barris ister ers and qua ualified ied jun unior ior lawyers (up up to to 10 10 years ars call/PQE)

• YLA

YLAL holds holds mee eeti tings ngs acr across

• ss th

the countr

• untry in

in Lo Lond ndon

• n, Birmingham,

Birmingham, Manchest anchester er, Liv Liverpool, erpool, Sh Shef effiel ield, d, Brist Bristol,

• l, Kent,

nt, Ne Newcas castl tle and and elsewhe here! re!

YLAL’s objectives

• To

To cam campai paign gn for a sustaina sustainabl ble lega gal aid aid syst system em wh which ich pr provides vides good

• d qualit

uality lega legal he help lp to to th thos

• se who

who could could no not

• th
• therwi

wise se affor

• rd to

to pay for it it

• To

To inc incre rease social cial mobility bility and and div iver ersity sity wi within thin the the le legal gal aid aid sector

• To

To pr promot

• mote th

the int interest erests of

• f ne

new ent ntran rants ts an and junior junior lawy wyers and and pr provide vide a netw twor

• rk for lik

likeminded eminded pe peop

• ple

le beginning ning their care reers in in the legal aid aid sector

• Subgr

group

• ups:

s:

Social al Mobility Justice ice Alliance/ ance/Cam Campaig paigns ns All Pa Party y Pa Parliamenta iamentary y Group YLAL L On Online ne

• Mentoring
• ring scheme

me

• Jobs

s & Opportu tunities ities

What is YLAL and what do we do?

What is legal aid?

• Paymen

ment t from

• m pub

ublic fun unds ds in cases es

• f need

ed to help lp pay for legal l advice ice

• r proceed

ceeding ings

• The

e provi visi sion

• n of assista

tanc nce e to peop

• ple

le ot

• the

herwise se un unable le to affor

• rd

d legal l repres resenta ntati tion

• n and access

ss to the e cour urt t sy syst stem em

• Designed

igned to make e the jus ustice ce process cess available ble to anyone

• ne in the

e coun untr try, regar ardles dless s of how w muc uch h they y earn

What is legal aid?

Historic rical ally, , it has funded ded advice ice and re repre resen entati ation n for: r:

• Criminal

iminal law

• Famil

ily

• Housin

using

• Debt

t and welfare are benefit its

• Pub

ublic lic law

• Emplo

ployment yment

• Person

sonal al injur ury y and clini nical cal ne neglig igence nce

• Community

mmunity Care

• Actions
• ns against

inst the polic ice e and priso ison n law

• Immigr

migrat ation ion

What is legal aid?

Justice ice Allia iance ce short fil ilm, , June e 2014

What is legal aid?

“Legal ai aid is is a ser service vice which which th the mod

• dern

ern stat state owes es to to it its citiz citizens ns as as a mat matter er of

• f princ

rincip iple le. Just Just as as th the mod

• dern

rn st state tr tries ies to to pr protect ect th the po poorer

• rer cl

clas asses es against against the he co comm mmon

• n danger

angers of

• f li

life, e, such ch as as unemp nemplo loym ymen ent, t, dis diseas ease, e, old

• ld age,

age, soci

• cial

al oppres pression ion, so so it it sh shoul

• uld

protect ect the hem wh when en lega legal dif diffic iculties lties ar aris

• ise. Ind

ndeed eed the he cas case for

• r

such ch pr protecti ection is is st stron

• nger

ger th than an th the cas case for

• r an

any oth ther er form

• rm of
• f

protecti

• ection. Th

The st stat ate is is not res responsibl ponsible for

• r th

the out

• utbreak

break of

• f

ep epide idemics, mics, for old

• ld age

age or

• r eco

economi nomic cri crises

• ses. But

But th the st stat ate is is respon ponsib sible le for the law.” Dr Dr Cohn, hn, 194 943

Magna Carta

Magna a Carta ta 1215, Arti ticle cle 39 – the right ght to due process ess

In forma pauperis

In In 1495, Hen enry VII VII intr introd

• duced

ced a la law req requiring uiring judges judges to to assign assign co coun unsel sel to to the the poo poor un under der the the ‘in form

• rma

paup uperis eris’ procedure dure.

Pro bono publico

Ea Early rly form

• rms of
• f legal

legal aid aid were ere reliant reliant on

• n la

lawy wyer ers wor

• rking

king for

• r no

no fee ee or

• r ‘pro bo

bono no pub ublico lico’, i.e. for

• r

the pub ublic ic good.

Poor Man’s Lawyers

• Poor

r Prison risoner ers Defence ce Act 1903

• Poor

r Persons sons Defence nce Act 1930

• Poor

r Persons sons Proced cedure ure

Access to justice in wartime

• June 1939: Welsh

h solic licit itor

• rs

s go on stri trike

• Sept

ptembe ember r 1939: Citi tizen ens s Advice e Bureau eau set et up

• 1942

942: Legal al aid scheme eme for arme med d forces es person sonne nel

The Rushcliffe Report

The e Rus ushcl hclif iffe Repor port, t, May 194 945: 5:

• Legal

al aid aid sh should

• uld be

be avail ailable in in all cour

• urts

ts an and in in such such mann nner er as as will ll en enable pe persons sons in in nee eed to to ha have acce ccess ss to to the prof

• fession

essional help they require quire

• This

his provi vision

• n sh

should uld no not be be limi mited ed to to th those

• se wh

who are are norm

• rmall

ally cl classed assed as as poor

• r but

ut sh should

• uld includ

nclude thos those of

• f ‘small
• r
• r modera

rate means’

• Those

hose wh who can canno not af affor

• rd to

to pay an anythi ything ng for

• r legal

gal aid aid should uld receive this free of

• f cost
• The cost of
• f the sche

heme should uld be be borne by by the stat ate

• Barri

arrist sters ers an and soli

• lici

citors

• rs

sh should

• uld

re receiv ceive ad adeq equat ate remunerat neration

• n for their servi

vice ces

The modern legal aid scheme

Leg egal Aid id an and A d Adv dvic ice e Act t 1949, 949, Prea eamble ble:

“An Act ct to to mak make legal legal aid aid and nd advi dvice ce in in Engla England nd and and Wales, ales, and and in in the the case ase of

• f members

members of

• f the

the for

• rces

ces legal legal advi dvice ce else elsewhere, here, mor more re readi adily ly availa ailable ble for

• r per

persons sons

• f
• f small

small or

• r moderat

moderate mean means, s, to to enable enable the the cost cost of

• f

legal legal aid aid or

• r ad

advic vice for

• r suc

such per persons

• ns to

to be be de defra frayed ed wholly holly or

• r par

artly tly out

• ut of
• f mone

moneys ys pr provi vided ded by by Parlia arliament, ment, and for purposes rposes connect cted there rewit with.”

Legal aid from 1950 to 1970

The early ly years s of legal al aid

• 80% of the population

lation esti timat ated ed to be eligible gible

• Used

d most stly ly for crimi iminal al and family ily proceed eedings ings But ut it it wasn’t popular ular with th everyone

• ne…

In In 1950 50, Lor Lord Justi Justice ce Single Singleton

• n said

said he he was as “rather appalled lled at at the numbe ber of

• f assis

sisted ed perso sons ns there ere are”.

Legal aid in the 1970s and 1980s

• Eligibilit

igibility: y: 40% in n 1973 79% in 1979

• “The most friendless wing of the welfare state”
• The Law Centre

ntre movemen ement

• The Green

en Form rm scheme me

• Polic

lice e and Crimi iminal nal Evidenc dence e Act 1986 ( (PACE CE)

The end of ‘justice for all’

• The Legal

al Aid Act 1988

• Eligibility:

igibility: 53% in 1993

• Scope:

e: probat ate e and proper erty ty remo moved ed

• Growt

wth of Green n Form rm scheme me

New Labour and legal aid

Access ss to Justi tice ce Act 1999

• Community

mmunity Legal al Servic vice e

• Criminal

iminal Defence nce Servic vice

• Person

sonal al injur ury y remo moved ed from m scope

• Cap on the overall

rall legal al aid budget t introduced

• duced

Eligibility falls, net expenditure capped

Eligibility: igibility: 52% in 1998 50% in 2000 41% in n 2005 29% in 2007

• The Coalit

lition n govern ernment: ment: 2010-2015

• The Legal

al Aid, Sent ntencing encing and Punishment ishment of Offender ders s Act 2012 (LASPO) ASPO)

The Coalition government

Legal aid spending 2007/08 – 2013/14

LASPO

LASPO SPO remo moved ed areas as of law from m scope:

• Housing

using

• Welfare

are benefits its

• De

Debt bt

• Immigr

migrat ation ion

• Priv

ivat ate e family ily law

• Medical

al negligen ligence

Opposition to LASPO

• Legal

al Aid Team am cartoon

• on

LASPO

The effects

• f LASPO

The effects

• f LASPO

What next for legal aid?

• Criminal

iminal legal al aid

• The residen

idence ce test st

• Revie

iew of LASPO SPO

• Labour

ur revie iew w of legal al aid

• The general election in 2020…?

Working in legal aid

• Fami

mily ly

• Crime

me

• Comm

mmuni nity ty care

• Pub

ublic c law

• Actions

ions against nst the e police ce

• Inquest

ests

• Immi

mmigr grat ation ion

THANK YOU!

ylalinf nfo@gma @gmail.com l.com http://www p://www.y .young nglega legalaidl idlawy wyer ers.o s.org rg/ YLAL L Twitter: r: @YLA LALa Lawy wyer ers YLAL L Facebook cebook: : https:// tps://www.f .face cebo book.

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com/Y /YoungLe

• ungLegalAi

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