Comparative Analysis of Legal Aid Structures in Nordic Countries, UK, and Ireland
The images and descriptions provided offer insights into the legal aid frameworks in Finland and Sweden, focusing on eligibility criteria, funding mechanisms, delivery models, decision-making processes, scope of coverage, merits thresholds, and cost comparisons. The analysis presented sheds light on the machinery of legal aid in these countries and highlights the differences in approaches across the Nordic region, the UK, and Ireland.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
A framework for the analysis and comparison of legal aid structures Anna Barlow
Is there a better way to arrange the machinery of legal aid? Is there a best way? bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 2
bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 3
Money Outcomes Needs bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 4
The machinery of legal aid in the Nordic countries, the UK and the Republic of Ireland bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 5
bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 6
Finland Sweden % eligibility 75% 43% All pay at least 60 for mandatory advice, then 2 40% Contributions 0 - 100% Can t get legal aid if have insurance which covers case, but LA may cover insurance excess and work needed beyond the limit of the insurance Can t get legal aid if have or ought to have had insurance which covers the case Legal expenses insurance Public defender or criminal legal aid? Both Public defender State Legal Aid Offices for all advice and over 60% of all matters. Private lawyers can undertake court cases or matters where there is a conflict Legal aid delivery Private lawyers and non-lawyers bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 7
Finland Sweden Mostly courts; some decisions by Legal Aid Authority (government department) Decisions-makers Legal Aid Offices Advice, unlimited; representation, list of excluded matters and further list excluded unless special reasons Scope Almost unlimited Not covered if: minor importance to client; manifestly pointless in view of the benefit sought; abuse of process; or the right was assigned in order to obtain legal aid Covered if the need for help cannot be met any other way and it is reasonable for the state to pay the legal costs, having regard to the type, importance and value of the case and the other circumstances of the case Merits 80 hours 100 hours Extent Appeals automatically included Appeals automatically included Cost (2014) 12 per capita 26.50 per capita bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 8
Which is better? bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 9
Potential criteria for judging legal aid machinery: fit for environment does the scheme match its legal and cultural context? do the rules demonstrate internal consistency and are they in accordance with the stated principles and policies of the scheme? coherent are there elements of the scheme which make no sense? logical do elements of the scheme breach domestic or international law? lawful bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 10
Potential framework for judging legal aid machinery: bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 11
Spectrum of positions of principle Commitment to fulfilling only constitutional and international obligations concerning legal aid Commitment to the rule of law and the principle of fair trial Legal aid is a social issue Legal aid is a justice issue Legal aid is the main element of access to justice Legal aid is a minor player in access to justice Independent decision-making is paramount Costs control is paramount bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 12
Choice on policy Legal aid decisions by courts Focus on advice and assistance Legal aid should cover all case types Legal aid decisions by government Focus on court representation Legal aid should cover few case types Public defender scheme or Criminal legal aid Significant reliance on merits test No reliance on merits test bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 13
Amongst the organisational choices to be made are: Access arrangements Whether provision is to be through private practitioners or state-employed lawyers Payment arrangements The detail of scope restrictions, The details of the merits test Financial eligibility details bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 14
External to the justice system o Poverty levels o Public litigiousness o Availability of other sources of funding for advice or litigation (e.g. insurance) o Affordability of private lawyers Within the justice sphere o Access to justice budget o Diversion of cases to non-court resolution mechanisms o Level of assistance for litigants from court during hearings o Complexity of laws o Nature of hearings bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 15
Guiding principles Policy choices Delivery methods Context bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 16
Thank you bo Akademi University | Domkyrkotorget 3 | 20500 bo | Finland 27.9.2024 17
