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CELE SQE1 模拟练习

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A woman is the respondent in family proceedings where her ex-husband is applying for a family arrangement order regarding their children. The woman's ex-husband has recently been convicted of a domestic assault against her. She can't afford legal representation. How will her entitlement to legal aid be decided by the Legal Aid Agency (LAA)?

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Applicants for civil legal aid must meet three qualifying conditions: (1) The matter must be within the scope of the legal aid scheme. Private family proceedings are covered by the scheme where there is documentary evidence of domestic abuse. (2) The applicant must show at least a 50/50 prospect of success (the 'Merits Test'). (3) The applicant must fulfil the financial eligibility criteria (the 'Means Test'). 


Key Point: Legal aid for private family proceedings involving domestic abuse requires meeting scope, means, and merits tests under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

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