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 ory 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 oup of of 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 of law which ch have tradit itional ionally ly been een pub ublicly cly fun unded ded • YLA YLAL was as fou ounde nded in in 2005 005 and and ha has over er 2,000 000 me memb mbers acr cros oss 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 oss th the countr ountry in in Lo Lond ndon on, Birmingham, Birmingham, Manchest anchester er, Liv Liverpool, erpool, Sh Shef effiel ield, d, Brist Bristol, ol, 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 od qualit uality lega legal he help lp to to th thos ose who who could could no not oth otherwi wise se affor ord 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 omote th the int interest erests of of ne new ent ntran rants ts an and junior junior lawy wyers and and pr provide vide a netw twor ork for lik likeminded eminded pe peop ople le beginning ning their care reers in in the legal aid aid sector
What is YLAL and what do we do? • Subgr group oups: 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 oring scheme me • Jobs s & Opportu tunities ities
What is legal aid? • Paymen ment t from om pub ublic fun unds ds in cases es of need ed to help lp pay for legal l advice ice or proceed ceeding ings • The e provi visi sion on of assista tanc nce e to peop ople le ot othe herwise se un unable le to affor ord d legal l repres resenta ntati tion on 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 one 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: • Emplo ployment yment • Criminal iminal law • Person sonal al injur ury y and • Famil ily clini nical cal ne neglig igence nce • Housin using • Community mmunity Care • Debt t and welfare are • Actions ons against inst the benefit its polic ice e and priso ison n law • Pub ublic lic 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 odern ern stat state owes es to to it its citiz citizens ns as a mat as matter er of of princ rincip iple le. Just Just as as th the mod odern rn st state tr tries ies to to pr protect ect th the po poorer orer cl clas asses es against against the he co comm mmon on danger angers of of li life, e, such ch as as unemp nemplo loym ymen ent, t, dis diseas ease, e, old old age, age, soci ocial al oppres pression ion, so so it it sh shoul ould protect ect the hem wh when en lega legal dif diffic iculties lties ar aris ise. Ind ndeed eed the he cas case for or such ch pr protecti ection is is st stron onger ger th than an th the cas case for or an any oth ther er form orm of of protecti ection. Th The st stat ate is is not res responsibl ponsible for or th the out outbreak break of of ep epide idemics, mics, for old old age age or or 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 oduced 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 orma paup uperis eris ’ procedure dure.
Pro bono publico Ea Early rly form orms of of legal legal aid aid were ere reliant reliant on on la lawy wyer ers wor orking king for or no no fee ee or or ‘pro bo bono no pub ublico lico ’, i.e. for or 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 ors 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 ould be be avail ailable in in all cour ourts 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 ofession essional help they require quire This his provi vision on sh should uld no not be be limi mited ed to to th those ose wh who are are • norm ormall ally cl classed assed as as poor or but ut sh should ould includ nclude thos those of of ‘small or or modera rate means’ • Those hose wh who can canno not af affor ord to to pay an anythi ything ng for or legal gal aid aid should uld receive this free of of cost The cost of of the sche heme should uld be be borne by by the stat ate • • Barri arrist sters ers an and soli olici citors ors sh should ould re receiv ceive ad adeq equat ate remunerat neration on 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 of members members of of the the for orces ces legal legal advi dvice ce else elsewhere, here, mor more re readi adily ly availa ailable ble for or per persons sons of of small small or or moderat moderate mean means, s, to to enable enable the the cost cost of of legal legal aid aid or or ad advic vice for or suc such per persons ons to to be be de defra frayed ed wholly holly or or par artly tly out out of of 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 one … In In 1950 50, Lor Lord Justi Justice ce Single Singleton on said said he he was as “rather appalled lled at at the numbe ber of of 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 oduced
Eligibility falls, net expenditure capped Eligibility: igibility: 52% in 1998 50% in 2000 41% in n 2005 29% in 2007
The Coalition government • 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)
Legal aid spending 2007/08 – 2013/14
LASPO LASPO SPO remo moved ed areas as of law from m scope: • Housing using • Priv ivat ate e family ily law • Welfare are benefits its • Medical al negligen ligence • De Debt bt • Immigr migrat ation ion
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