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Students And The Law/ Legal Aid General Advice And Assistance
You can obtain a Solicitor's service under the Legal Aid and Assistance Scheme. Students are generally entitled to Legal Aid because of their low income.
This is what you need when you want to take someone to a Civil Court or alternatively, they want to take you. When you consult a Solicitor about a legal matter, he/she will complete a legal aid form, which will include a statement of your financial circumstances. This form will also include a basic statement of why you want to proceed through the courts. This form is sent to the Legal Aid Department of the Law Society and they decide whether or not there are grounds to proceed with the case. If they think that there are they will look at your financial circumstances to calculate your actual entitlement.
This covers representation by a Solicitor and, if necessary, a Barrister in the Magistrate's Court and Crown Courts and any matters relating to the proceedings. In this scheme it is up to the Clerk of the Court, the Judge or Magistrate whether or not you will be in receipt of legal aid. There are not financial limits. The test is that the court must be satisfied that your means are such that it would be in the interests of justice that you be granted Legal Aid. Note: many local Magistrates Courts will not grant Legal Aid for any driving offences.
Any student who sustains an injury as a result of an act of another person is entitled to seek compensation from the Northern Ireland Office subject to the detailed provisions of the Criminal Injuries Compensation Northern Ireland Order 1988. Applicants should be aware that:-
(a) the matter must be reported to the police within 48 hours of the injury
(b) an application must be lodged with the Northern Ireland Office within 28 days from the date of the injury.
Obviously the student should make an appointment as soon as possible with a Solicitor to lodge the appropriate forms and apply for Green Form Advice and Assistance (initial Legal Aid).
Most students again should qualify for Green Form Legal advice and Assistance to enable Solicitors to obtain a medical report on their injuries and to negotiate their case to a certain stage with the Insurance Company. Most students also qualify for full Legal Aid to proceed to Court if there is a reasonable case. The cases that are dealt with are general negligence claims, road traffic accidents, medical negligence, tripping claims, claims under the Occupiers Liability Act where an accident takes place, e.g. in premises which are unsafe, unsupervised, and accidents at work where the employer is negligent or in breach of statutory duty. Generally, personal injury claims must be made within three years from the date of the injury, after which they become statute barred.
Many students have to work alongside their studies and if they have any queries about employment matters they should consult a solicitor who will be able to give initial advice under the Legal Aid Green Form scheme.
Taking a case to an Industrial Tribunal is not covered by the Legal Aid Scheme and would have to be private funded.
Any concerns facing students about children/The Child Support Agency/residency and Contact under the New Children Order can be discussed in confidence with the campus Solicitors who will be able to assist with any queries and necessary proceedings for the Family Court.
