The Legal Aid, Sentencing and Punishment of Offenders Act, 2012 (LASPO) made some prevalent deviations in the legal aid system. Legal aid is no longer available for large areas where its was previously available and funded for, such as in the field of social welfare law, immigration (aside from asylum claims and immigration detention) and private family work. Though, LASPO allows for civil legal aid to be provided subject to a means and merits test . Also, the introduction of the idea that legal aid should only be provided in exceptional circumstances has been introduced by the LASPO . The LASPO created a mandatory gateway through the ‘Community Legal Advice’ helpline for those seeking legal advice in relation to debt, special education needs …show more content…
The removal of significant areas of law from the scope of legal aid necessarily most affects those living in poverty, who cannot afford to pay for legal advice and representation. This situation is further exacerbated by the fact that those living in poverty are more likely to face legal problems in those very categories of claims that have been excluded from the scope of free legal aid, such as welfare benefits, debt and …show more content…
They are more likely to encounter legal problems in the context of social welfare law, yet are often less equipped to navigate those legal problems effectively to claim their rights. As a result the legal aid cuts have placed a disproportionate burden on this segment of society. LASPO has had a disproportionate impact on vulnerable groups and disadvantaged groups, who are overrepresented users of civil legal aid. The fact that there is legal aid for appeals to the Upper Tribunal is in reality of little use. Solicitors who did Upper Tribunal work on legal aid contracts are now getting very few cases, because there is no one helping individuals at the first stage. Cases aren’t coming to the upper tribunal because appeals there only happen on a point of law which people aren’t able to represent themselves without legal help. This has only further reduced the scope of access to justice. In a nation working on common law and precedents, the non-registration and forwarding of cases is a very dangerous precedent to set as it shall make a progressive nation regressive if no new cases leading to social development are registered in the fear of not having enough finance to fund a
With the implementation of a nationwide set of legal codes, this could potentially allow new lawyers access to a much larger client base as well as the ability to legally represent a family or friend in court. However, there are still some very key components that need to be addressed in order for the code to be used in the most efficient and effective manner. Whether it is a general disconnect between the definitions of crimes or the oversimplification of terms, the Model Penal Code still has quite a few obstacles to overcome before it will be uniformly adopted by all states. However, with today’s modern communications network, getting the greatest legal minds of our generation together would be far easier than when it was back in 1961, and by doing so could make the necessary changes that are needed for the code to become truly effective.
LONG, L., ROCHE, J. and STRINGER, D., 2010. The law and social work: contemporary issues for practice. Basingstoke: Palgrave Macmillan.
As stated by the author, the “Principle of less eligibility,” meant that those receiving public assistance “should be worse than that of the lowest paid self-supporting laborer.” In a sense this meant if a person dug ditches or scooped human waste for a living, the situation of a public assistance recipient should be much worse. The author points out that in 1834, when the “Poor Law Reform Bill,” passed it enforced the negative attitudes about poverty. Essentially, if someone was poor it was viewed as their fault. Services should never lift a recipient out of poverty, but just provide meager assistance in a stigmatizing way. The author describes how impoverished individuals in England during the mid-1800’s, were viewed in negative, criminal ways if they received assistance. Furthermore, those described as “able bodied and on assistance were particularly maligned in the court of public opinion. Many of the homeless and
For many people, Legal Aid is the only option to defend their cases. In an Australia Institute report, ‘Justice for All,’ it is estimated that, out of 1.7 million Australians encountering legal problems each year, nearly a third will not receive legal advice due to financial reasons and lack of knowledge. Although Legal Aid is a valuable and useful resource, it is only available to the those on the lowest income, due to the lack of funding from the government. Also, Legal Aid lawyers often don’t have enough time to adequately talk to their clients about cases, making it difficult to present an in-depth case. This lack of funding forces people to take the case into their own hands, which is mostly unsuccessful due to the complicated mechanisms of the legal system. These faults in the system make the courts less effective in achieving
Fraser, D. (2003) 3rd Ed. The Evolution of the British Welfare State. Hampshire: Palgrave Macmillan. Stitt, S. (1994) Poverty and Poor Relief: Concepts and Reality.
Another guidance which helps to safeguard vulnerable adults is the Safeguarding Adults- a National framework for good practice and outcomes in adult protection work. This is a follow up from the no secrets guidance and set out some national frameworks to limit the risk of abuse. there are many different standards set out in this guidance e.g. all local authorities should have a multi-agency partnership who should representing all the agencies, all agencies must have a strategic plan ensuring there are relevant policies and procedures, training strategies, a commissioning strategy and strategies for reducing risk of abuse. this helped to set the national standards of care that should be given to vulnerable people. It also defined the ways we can give services, established ways of measuring achievement or improvements and gave people support to help implement these changes. This helps to reduce to risk of harm for vulnerable people as it helps to establish a nationwide initiative to reduce abuse of vulnerable people and multi-agency working. [5] [16]
Focuses on harms and consequent needs (the victims’, as well as the communities’ and the offenders’).
This essay intends to address the role that state agencies, both within the Criminal Justice System (CJS) and more broadly the institutions of education, employment and health, play in supporting and implementing diversionary programs for offenders with mental health problems. Mental health is clearly one of the most critical issues facing the Australian and New South Wales (NSW) CJS with research indicating that offenders with mental health problems constitute the majority of those within the prison system. The current strategies for diversion will be critically evaluated in order to determine their effectiveness with regard to the delivery and production of justice, cultural sensitivity for Indigenous Australians will also be considered. The social construction of mental illness and the associated process of stigmatisation of this particular group will be explored in conjunction to explain why society still fails to prevent the mass entry of people with mental health issues into the traditional CJS.
Ministerial Order 90. (2011). [e-book] Education and Care Services National Law,. http://www.education.vic.gov.au [Accessed: 19 Mar 2014].
Victims of crime have been known to be underrepresented in Australian criminal justice processes (Baldry et al. 2013). In order to resolve this issue a number of reforms have been introduced with the aim to allow the victim greater involvement in criminal justice processes; for example the introduction of the Victim Impact Statement (VIS) allows victims an opportunity to be included in court processes (Israel 2017, p. 525). However, this essay argues that some victims of crime, specifically victims with intellectual disabilities, are still underrepresented during criminal justice processes despite these reforms. One example of such underrepresentation is shown through the current policy initiative of cross-examination; this process is not effective
Contemporary Justice Review, 14(4), 383-406. Paylor, I. (2011). The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Second Youth justice in England and Wales: A risky business. Journal of Offender Rehabilitation, 50, 221-233. Ryan, T., & Mitchell, P. (2011).
Legal aid is the provision of support to those who cannot afford legal representation and is applicable to both criminal and civil cases. Legal Aid can be regarded to be a cornerstone of a civilized society due to the fact that it allows everyone to be represented and defended in the court of law and was first introduced in 1949 with the Legal Aid and Advice Act. Legal aid can also be seen to uphold article six of the Human Rights Act 1998 which states “everyone is entitled to a fair and public hearing .” In recent years the application of Legal Aid has been reduced drastically with the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) which raises the question of, does legal aid offer justice for all? This
Our English heritage has greatly affected social welfare today. Some of the standards set in England include: indoor relief; a national policy for the poor; the provision of serving the poor by placing them in institutions; and the categorization of the poor into two basic categorizes, the worthy poor and the able-bodied poor (unworthy poor). The Elizabethan Poor Law also set precedents which include: clear government responsibility for those in need; government authority to force people to work; government enforcement of family responsibility; responsibility for carrying out programs at the local level; and strict residence requirements.
They may require assistance with skills, counselling, problem solving, emotional support, as well as advocating for their rights (Micheson, 2011). I look forward to being a voice for my future client’s, by helping to remove barriers or obstacles that restrict clients from realizing their civil rights or receiving entitlements or benefits due to them (Micheson, 2011). Works Cited Bradford W. Sheaford, C. R. (2008). Techniques and Guidelines for Social Work Practice. Boston, MA: Pearson Education,
Although, laws are vital to ensuring that a society functions smoothly and that individuals’ fundamental rights are protected, it is crucial to understand the many ways law and society manipulate the terms of who is privileged of those rights.