Introduction to legal aid
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2 Introduction to legal aid 1. What is YLAL and what do we do? 2. What is legal aid? 3. A brief(ish) history of legal aid 4. Working in legal aid
3 What is YLAL and what do we do? A group of junior and aspiring lawyers committed to practising in areas of law which have traditionally been publicly funded YLAL was founded in 2005 and has over 2,500 members across the country Members include students, paralegals, trainee solicitors, pupil barristers and qualified junior lawyers (up to 10 years call/pqe) YLAL holds meetings across the country in London, Birmingham, Manchester, Liverpool, Sheffield, Bristol, Kent, Newcastle and elsewhere!
4 YLAL s objectives To campaign for a sustainable legal aid system which provides good quality legal help to those who could not otherwise afford to pay for it To increase social mobility and diversity within the legal aid sector To promote the interests of new entrants and junior lawyers and provide a network for likeminded people beginning their careers in the legal aid sector
5 What is YLAL and what do we do? Subgroups: YLAL Campaigns Social Mobility All Party Parliamentary Group YLAL Online Mentoring scheme Jobs & Opportunities
6 What is legal aid? Payment from public funds in cases of need to help pay for legal advice or proceedings The provision of assistance to people otherwise unable to afford legal representation and access to the court system Designed to make justice available to anyone in the country, regardless of their financial means
7 What is legal aid? Historically, it has funded advice and representation for: Criminal law Family Housing Debt and welfare benefits Public law Employment Personal injury and clinical negligence Community Care Actions against the police and prison law Immigration
8 What is legal aid? Legal aid is a service which the modern state owes to its citizens as a matter of principle. Just as the modern state tries to protect the poorer classes against the common dangers of life, such as unemployment, disease, old age, social oppression, so it should protect them when legal difficulties arise. Indeed the case for such protection is stronger than the case for any other form of protection. The state is not responsible for the outbreak of epidemics, for old age or economic crises. But the state is responsible for the law. Dr Cohn, 1943
9 Pro bono publico Early forms of legal aid were reliant on lawyers working for no fee or pro bono publico, i.e. for the public good.
10 Poor Man s Lawyers Poor Prisoners Defence Act 1903 Poor Persons Defence Act 1930 Poor Persons Procedure
11 The Rushcliffe Report The Rushcliffe Report, May 1945: Legal aid should be available in all courts and in such manner as will enable persons in need to have access to the professional help they require This provision should not be limited to those who are normally classed as poor but should include those of small or moderate means Those who cannot afford to pay anything for legal aid should receive this free of cost The cost of the scheme should be borne by the state Barristers and solicitors should receive adequate remuneration for their services
12 The modern legal aid scheme Legal Aid and Advice Act 1949, Preamble: An Act to make legal aid and advice in England and Wales, and in the case of members of the forces legal advice elsewhere, more readily available for persons of small or moderate means, to enable the cost of legal aid or advice for such persons to be defrayed wholly or partly out of moneys provided by Parliament, and for purposes connected therewith.
13 Legal aid from 1950 to 1970 The early years of legal aid 80% of the population estimated to be eligible Used mostly for criminal and family proceedings But it wasn t popular with everyone In 1950, Lord Justice Singleton said he was rather appalled at the number of assisted persons there are.
14 Legal aid in the 1970s and 1980s Eligibility: 40% in % in 1979 The most friendless wing of the welfare state The Law Centre movement The Green Form scheme Police and Criminal Evidence Act 1986 (PACE)
15 The end of justice for all The Legal Aid Act 1988 Eligibility: 53% in 1993 Scope: probate and property removed Growth of Green Form scheme
16 New Labour and legal aid Access to Justice Act 1999 Community Legal Service Criminal Defence Service Personal injury removed from scope Cap on the overall legal aid budget introduced
17 Eligibility falls, net expenditure capped Eligibility: 52% in % in % in % in 2007
18 The Coalition government The Coalition government: The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)
19 Legal aid spending 2007/ /14
20 LASPO Areas of law wholly or partially removed from scope: Housing Welfare benefits Debt Immigration Private family law Medical negligence
21 Opposition to LASPO
22 The effects of LASPO
23 The effects of LASPO
24 What next for legal aid? Criminal legal aid The residence test Review of LASPO Labour review of legal aid The next general election?
25 Working in legal aid Family Crime Community care Public law Actions against the police Inquests Immigration
26 THANK YOU! YLAL YLAL Facebook:
27 Careers Panel Chair: Maia Cohen-Lask, YLAL Committee Jane Pritchard, partner at TV Edwards Solicitors Amean Elgadhy, barrister at 1 Pump Court Chambers Paul Turner, CILEx Fellow and partner at Barnes Harrild & Dyer
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