CELE SQE

CELE SQE1 模拟练习

Examination Timing: 00H00M58S

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)?

A. The matter may be within the scope of the legal aid scheme so the LAA will go on to apply both the 'means test' and the 'merits test.'

B. Private family proceedings are outside the scope of the legal aid scheme so nothing else will be considered.

C. The matter may be within the scope of the legal aid scheme so the LAA will just apply the means test.

D. Private family proceedings are outside the scope of the legal aid scheme but if she passes both the 'means' and the 'merits' test she may be entitled to legal aid.

E. The matter may be within the scope of the legal aid scheme so the LAA will look at her prospects of success.

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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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Legal ServicesUnit 2Chapter 5

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