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| Words: 2298 | Submitted: 25-Apr-2011
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Descriptionsummary about police powers, stop and search.
Summary of Police Powers and Safeguards in PACE 1984
Provision of Legal Services as of 1 April 2000
Introduction to Police Powers
1. The system of government funding of legal cases previously contained in the Legal Aid Act 1988 was replaced by the Access to Justice Act 1999, as follows:
On 1 April 2000, the Legal Services Commission (LSC) replaced the Legal Aid Board.
The Community Legal Services Fund is the new scheme for helping eligible people with legal problems (other than criminal matters). The names of the Legal Aid schemes were also changed: Legal Advice and Assistance (the 'Green Form Scheme') is now called 'Legal Help and Help at Court'. Civil Legal Aid and Assistance by Way of Representation (ABWOR) both became 'Legal Representation'. Family Mediation is now funded by the LSC, through contracted mediators and 'Approved Family Help' was created.
One year later, Criminal Legal Aid was replaced by the Criminal Defence Service in April 2001 which provides three levels of service: 'Advice and Assistance', 'Advocacy Assistance' and 'Representation'. In May 2001 the LSC employed a number of criminal defence lawyers, known as public defenders, initially at six pilot sites in England and Wales. The public defenders will be able to provide any of the criminal defence services in exactly the same way as lawyers in private practice.
2. New networks including solicitors, CABs, Law Centres, local authority services, community centres, and other organisations have been set up to make it easier for the public to get legal help and advice.
3. Only organisations with a contract with the LSC can give Legal Help or Legal Representation in all civil matters. This means that they have been checked to see that they meet certain standards and provide a quality service. Solicitors can only carry out criminal defence work funded by the LSC if they have a General Criminal Contract. Firms will be audited to ensure they continue to meet quality assurance standards.
4. Support Funding provides partial funding for personal injury cases and some multi-party actions where such cases are brought under a conditional fee agreement (CFA), but it is unusually expensive so justifies some assistance from the LSC. There are two types of Support Funding: Investigative Support which provides limited funding for the investigation of the strength of a proposed claim with a view to proceedings under a CFA; and Litigation Support which provides partial funding of high cost litigation already proceeding under a CFA. Support Funding is only available through solicitors contracted by the LSC to undertake personal injury cases.
5. Useful website addresses are www.legalservices.gov.uk (for the Legal Services Commission) and www.justask.org.uk (for the Community Legal Service).
Power Extent of Power Safeguards
Stop and search
Police may stop and search any person or vehicle for stolen or prohibited ...
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