Essay
Disadvantages of Access to Justice
- Institution
- OCR
English Legal System Essay
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Describe the disadvantages of access to justice incriminal cases 12
An initial disadvantage of access to justice in criminal cases is that testing for legal aid in the
Magistrate and Crown Courts is extremely strict due to the low limits on finance. This is a
disadvantage because it is harder to be able to qualify to receive legal aid in these sorts of
cases. This is also a disadvantage as the consequences of not receiving legal aid can be
very severe such as imprisonment if the person is found guilty of the offence. However, in
cases where the offence is more serious offenders are more likely to receive legal aid due to
the merits test.
Another disadvantage of access to justice in criminal cases is that there is very little non-
governmental funding for criminal cases. This is a disadvantage as if you do not qualify for
legal aid then you would have to fund it privately which is expensive. This is also a
disadvantage as it will be more time consuming as the defendant would have to instruct a
solicitor to act on their behalf. On the other hand, some people think that if people have
enough money to not qualify for the scheme then they should have to pay for legal aid
themselves.
A further disadvantage of access to justice in criminal cases is that the interests of justice
test is hard to qualify for. This is a disadvantage as it could be seen as unfair as those who
commit more serious crimes are more likely to qualify than those who have committed minor
offences. This is also a disadvantage as people who are first time offenders and may have
no knowledge of the system are also less likely to receive legal aid. However, many people
believe that aid should be prioritised for those who will receive harsher consequences.
Finally, another disadvantage of access to justice in criminal cases is that it decreases the
number of legal firms who will give legal aid to those who need it. This is a disadvantage as
it makes seeking legal aid much harder as people are less likely to be able to receive the
support that they need in order to properly represent themselves in court. This is also a
disadvantage as it means if an offence is serious and they do not qualify, it is highly likely
that the person will be found guilty of the offence.
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