Justice is a luxury and not a right.

Critically Discuss this statement in light of the funding available in England & Wales.

This question requires students to focus specifically on the provision of funding in E&W. Not only will students have to consider the developments in legal funding over recent years, they will also need an understanding of the present rules to funding and the tests for granting funding to an individual. With this information, the student can answer the question and offer an argument on whether they believe justice to be a luxury and not a right.

Students ought to note that the right to a fair trial encompasses a right to a fair hearing and it be represented; however, this is qualified by the operation of the state and the availability of resources. With this in mind, one could argue that justice most certainly is a luxury.

Students ought to also make clear that legal aid is available in both the criminal and civil spheres and ought to consider both. In doing so, one may argue that access to legal aid is much stricter in the civil context than it is in the criminal context with civil legal aid removed from the majority of claims as a result of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO)