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Fair Access to Justice Legal Aid in the UK

Fair Access to Justice Legal Aid in the UK. Zhang Tingting February 2013. Contents. I What is legal ai d. Your Text Here. II Legal aid reforms in the UK. III Legal aid in China. Your Text Here. Your Text Here. IV Five lessons. I What is legal aid.

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Fair Access to Justice Legal Aid in the UK

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  1. Fair Access to JusticeLegal Aid in the UK Zhang TingtingFebruary 2013

  2. Contents I What is legal aid Your Text Here II Legal aid reforms in the UK IIILegal aid in China Your Text Here Your Text Here IV Five lessons

  3. 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. ● Guaranteeall 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.

  4. II 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.

  5. II Legal aid reforms in the UK Legal Aid ReformHistory 2013 1988 The Legal Aid, Sentencing and Punishment of Offenders Act 2012 2006 Legal Aid Act 1988 the Way Ahead(2006), Legal Services Act 2007 1999 Access To Justice Act 1999

  6. II Legal aid reforms in the UK FOCUS Budget Quality Meeting problems, resolving problems.

  7. 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.

  8. 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.”

  9. 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 tenders. ●The Turning Point of Legal Aid

  10. II Legal aid reforms in the UKControlled 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.

  11. II Legal aid reforms in the UK

  12. 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.

  13. II Legal aid reforms in the UK Different voices

  14. 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 caseshas increased by an average of 14.8 percent a year.

  15. III Legal aid in China The trend-----Expanding ● Reduce the client's economic limit; expand the scope of civil case;increase subsidies standards to the providers; no-limited budget.

  16. III Legal aid in China What we are comparing 1 Legal aid scale 2 Legal aid service 3 Legal aid institutions 4 Legal aid providers 5 Civil legal aid remuneration

  17. III Legal aid in China 1 Legal aid scale

  18. III Legal aid in China 2 Legal aid service

  19. III Legal aid in China 3 Legal aid institutions

  20. III Legal aid in China 4 Legal aid providers

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

  22. IV 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.

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

  24. Thank You!

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