Fair Access to Justice

Legal Aid in the UK

Zhang TingtingFebruary 2013

Contents

I What is legal aid

III Legal aid in China

IV Five lessons

II Legal aid reforms in the UK

I What is legal aid I What is legal aid

● A kind of judicial relief.

● Those who are in poverty or are special cases may get

legal assistance by means of a reduction or an exemption

from service fees.

● Guarantee all citizens enjoy equal protection by law.

● The fair access to justice.

● Nobody should be financially unable to prosecute a just and reasonable claim or defend the legal right.

II Legal aid reforms in the UKII Legal aid reforms in the UK

The earliest country to set up a legal aid

system

The best legislation and

operating regulations

The most sufficient

funds

● Fundamental to a fair and decent society.● One of the cornerstones of the post-war welfare state.

The Legal Aid, Sentencing and Punishment of Offenders Act 2012

1988

1999

2006

2013Legal Aid Reform HistoryLegal Aid Reform History

Access To Justice Act 1999

the Way Ahead(2006), Legal Services Act 2007

Legal Aid Act 1988

II Legal aid reforms in the UKII Legal aid reforms in the UK

II Legal aid reforms in the UK II Legal aid reforms in the UK

FOCUS Budget

Quality

Meeting problems, resolving problems.

II Legal aid reforms in the UK II Legal aid reforms in the UK The First Reform---Legal Aid Act 1988● Legal Aid Commission( LAC) take over the Law Society.

● More convenient to get legal aid.

Problems:

● Sharp increase of funds.

£0.4b → £1.3b → £1.5b

(1988) (1994) (1997)

● Lack of effective measures to ensure legal service quality.

II Legal aid reforms in the UK II Legal aid reforms in the UK The Second Reform---Access To Justice

Act 1999 (Current act of legal aid)

● Legal Service Commission( LSC) took over the LAC.

● Made great progress in the legal service quality.

Problems:

● The uncontrolled increase of spending.

£1.6b (1999) → £2b (2006)

● “The top of the legal aid legislation.”

II Legal aid reforms in the UK II Legal aid reforms in the UK The Third Reform---The Way Ahead (2006),

the Legal Services Act 2007

● Guarantee a sustainable legal aid system.

● Balance in the interests of clients, providers and the taxpayer.

● A competitive market based system:

Fixed and graduated fee schemes, standard contract, running t

enders.

●The Turning Point of Legal Aid

II Legal aid reforms in the UK

Controlled the budget successfully

II Legal aid reforms in the UK

Controlled the budget successfully

Note:

CLS: the Community Legal Service, includes contracted solicitors and

advice agencies which provide civil and family legal advice and representation.

CDS: Criminal Defence Service, provides legal advice and representation to

people being investigated or charged with a criminal offence.

Year

CLS CDS CLS and CDS Adminis

-tration

spend ￡ m

acts m

each act

spend ￡

spend

￡ macts

m

each act

spend ￡

total spend ￡ m

totle acts

m

Each act

spend ￡

spend ￡

2012 977.7 1.09 900 1,101 1.39 791 2,078 2.47 839 82.1

2011 985.4 1.25 791 1,130 1.47 769 2,115 2.71 779 99.2

2010 1,104 1.43 772 1,095 1.53 716 2,199 2.96 743 120.7

II Legal aid reforms in the UK II Legal aid reforms in the UK

1,950

2,000

2,050

2,100

2,150

2,200

2,250

2,300

2,350

2010 2011 2012

Administration spend m￡

Totle Acts m

Total Spend m￡

II Legal aid reforms in the UK II Legal aid reforms in the UK The Fourth Reform: The Legal Aid,

Sentencing and Punishment of

Offenders Act 2012● Focus on cases where legal help is most needed.

● Cut the legal aid bill by £350m a year by 2015.

● Major changes to the scope, eligibility and methods of delivering legal aid in civil cases.

● In April 2013, LSC will be replaced by the Legal Aid Agency – an Executive Agency of MoJ.

II Legal aid reforms in the UK II Legal aid reforms in the UK Different voices

Lawyer They threatened to strike.

Not-for-profit sectors

Extremely challenging, in “jeopardy” of closing.

Pro bono Less pro bono help for individuals.

Law schools Students take up part-time voluntary roles as community legal companions.

Court Far too complex and obscure for those representing themselves.

Clients Preparing a case for appeal is skilled and difficult.

Government Hope to change the public's attitude.

We can’t afford the support.

III Legal aid in China III Legal aid in China The history

● Legal aid was born in 1996 in China.

( Criminal Procedure Law 1996, Law on Lawyers 1996.)

● Regulation on Legal Aid 2003.

● Since 2009, legal aid cases has increased by an average of

14.8 percent a year.

III Legal aid in China III Legal aid in China The trend-----Expanding● Reduce the client's economic limit; expand the scope of civil c

ase; increase subsidies standards to the providers; no-limited bud

get.

change Before Now

Financial criteria

Citizens with access to social relief.

Citizens with income lower than average annual minimum income.

ScopeAdded: Education, medical treatment, pollution, food and drug safety.

Subsidies to providers

£110 for a civil case. £90 for each stage in a criminal case.

Increased by 20 percent.

III Legal aid in China III Legal aid in China

1 Legal aid scale

2 Legal aid service

3 Legal aid institutions

4 Legal aid providers

5 Civil legal aid remuneration

What we are comparing

III Legal aid in China III Legal aid in China 1 Legal aid scale

2011 China UK

Resource spend £m 12.77 2,115

Totle Acts of assistance m

0.84 2.71

Civil acts m

0.726 1.25

most related to: employment,payment, marriage,domestic affairs

most related to: Employment, debt, housing

Crime acts m 0.114 1.47

Per-capita expenditur £ 0.093 38

III Legal aid in China III Legal aid in China 2 Legal aid service

Legal aid matters China UK

Criminal mattersAdvice, representation and criminal defense

same

Civil matters Representation, legal advice same

Administrative matters Representation, legal advice same

Free confidential legal advice online

Legal aid helpline: 12348,

run 24 hours,

answered by duty lawyers

Community Legal Advice helpline :08453454345,

Duty solicitorSome cities is testing the duty lawyer scheme at police stations from 2011

100% coverage of the duty solicitor schemes at police stations and magistrates’ courts

The Public Defender Service (PDS)

No

Provide independent advice, assistance and representation on criminal matters. There are currently four PDS offices, 24 hours a day, seven days a week. The first salaried criminal legal aid provider in England and Wales.

III Legal aid in ChinaIII Legal aid in China

3 Legal aid institutionsChina UK

more than 3,200 governmental legal aid institutions.one headquarter in London, and 13 division in other areas.

national level: Legal Assistance Center.

under the Ministry of Justice.

supervise and coordinate legal assistance across the country.

national level: Legal Services Commission（ LSC） , an independent non-governmental department and responsible for Ministry of Justice.

in charge of legal aid work.

Provinces lever: Legal-aid centers.

supervise and coordinate legal-aid work in their respective jurisdiction.

Prefectures and cities lever:legal-aid centers. administer and implement legal-aid programs in their jurisdiction.

Counties and districts lever: set up legal-aid centers where conditions permit.where conditions do not permit, the Judicial Bureau of the counties and districts should be responsible for legal aid.

III Legal aid in China III Legal aid in China 4 Legal aid providers

China UK

full-time public-employed lawyers(6,000)

30% of the cases solicitors86.6% of civil contracts(2,557 offices)

private lawyers (140,000)

35% of the cases not for profit sectors

13.4% of civil contracts(431 offices)

basic legal service workers(90,000)

32% of the cases barristers

With solicitors , hold 100% crime contracts (2,309 offices)

Legal aid volunteers of some social organizations, law schools or law institutes

participate specific legal aid work under the organization and direction of legal aid institutions.

III Legal aid in China III Legal aid in China 5 Civil legal aid remuneration

China UK

Category Contracted fixed fee Exceptional threshold

Clinical Negligence

£120--£180

￡ 213 ￡ 639

Community Care ￡ 290 ￡ 870

Consumer General Contract ￡ 174 ￡ 522

Debt ￡ 196 ￡ 588

Education ￡ 296 ￡ 888

Employment ￡ 225 ￡ 675

Housing ￡ 171 ￡ 513

Miscellaneous ￡ 86 ￡ 258

Personal Injury ￡ 204 ￡ 612

Public Law ￡ 282 ￡ 846

Welfare Benefits ￡ 164 ￡ 492

IV Five LessonsIV Five Lessons

1 The principle of sustainable development.

2 Legislation to promote and consolidate the reform

achievement.

3 Wide consultation with stakeholders before making final

decision.

4 Advanced legal aid service quality methods.

5 Encouraging social organizations to take part in.

Thanks to Hilary Holland, Margaret Middleton, Sarah Duxbury, Jeremy Wright!

Thank You!