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The wealthy can caal on their friendly QC People on benifit get legal aid by i get nothing?
Having worked all my Life and paid taxes as ordered. When I need to go to court I get NO help at all yet I am expected to pay for others to get free legal aid. Is that MORALE CORRECT?.
4 Answers
- Anonymous1 decade agoFavorite Answer
I have never yet had an application for legal aid refused in the Crown Court. It has nothing to do with means whatsoever. The worst that can happen is that a Defendant has to pay some of the costs of the Prosecution if they are convicted. It is also said that sometimes people are liable to repay some or all of the legal aid that they were granted. Again, I have yet to see this actually take place.
If someone wants a QC when a case doesn't warrant it, they have to pay for it, rich or poor, unless the case could not adequately be presented without a QC. In such cases, the Defendant would be represented by either a QC acting alone or with the assistance of junior Counsel, again - rich or poor.
Legal aid in the Magistrates' Court has been hugely restricted, however. It is means-tested but is also only granted if the interests of justice demand it. In reality, irrespective of income, people usually have to pay for their own representation in most traffic cases, minor public order matters etc. Very few people would ever get legal aid for something like this, unless there was a complex point of law involved or significant amount of cross-examination required.
Your question describes a "need" to go to Court. Are you talking about civil law? There is very little civil legal aid available to anyone.
It's hugely annoying when we're all treated differently. Morally that's not right. Although it does redress the balance by bringing us all a bit closer to equality. Why bother working though? You end up paying for more. This is an old argument, and a fair one.
If you are arguing for unconditional legal aid for everyone then I would be a fool to disagree with you.
Source(s): Practising barrister who likes legal aid! - callumiain2000Lv 51 decade ago
It's not even close to morally correct - I'm assuming that this is a criminal case and I sympathise. Post Baird Commission, the legal profession, and especially barristers, have been increasingly reluctant to take on criminal cases due to the extremely low amounts which such work pays. I won't tell you how much a barrister could expect to get on an average case as you simply won't believe me but from experience I'd suggest that you take what you think it is and divide by 10, maybe even 20 and you'll be close.
You're not completely without resources - if it's employment related http://www.freerepresentationunit.org.uk/ will help you and there are law clinics up and down the country which can assist. I don't know where you are in the country but Kent is provided as an example - http://www.kent.ac.uk/law/clinic/
- TavyLv 71 decade ago
Legal Aid has been cut dramatically to people. It's now only granted in certain criminal cases. No it's not fair, but then nothing is these days.
- Anonymous1 decade ago
Legal aid I believe has been restricted to cases taking place in Crown court. and is available to ALL regardless of their means.