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Independent Legal Representation (ILR) for Rape Complainers

Summary of the impact

Research on ILR undertaken by Professor Fiona Raitt has re-framed the terms of the debate in Scotland concerning participation of rape complainers in the criminal justice system. It has:

  • Informed law reform campaigning by Rape Crisis Scotland in their discussions with the Scottish Government, the Crown Office and Procurator Fiscal Service, and the Faculty of Advocates.
  • Been the subject of an international conference sponsored by the Equality and Human Rights Commission.
  • Attracted widespread media attention.
  • Informed the work of the team steering the Criminal Justice and Licensing (Scotland) Act 2010 through the Scottish Parliament.
  • Informed policy debates in other common law countries e.g. England and New Zealand.

Submitting Institution

University of Dundee

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Medical and Health Sciences: Public Health and Health Services
Studies In Human Society: Criminology
Law and Legal Studies: Law

Informing Judicial Challenge to Jurors' Stereotypes in Rape Trials

Summary of the impact

Research conducted at the University of Nottingham has played a key role in developing new guidance for judges giving directions to juries in rape trials in England and Wales. The research explored the influence of providing (mock) jurors with education to counter `rape stereotypes'. Its findings fed into the work of an Expert Panel, convened by the Solicitor-General, and played a key role in supporting the inclusion of `myth-busting' directions in the Crown Court Benchbook. These may alter the ways in which jurors deliberate and ensure greater justice. Beneficiaries include the CPS, judges, jurors, rape complainants, criminal justice practitioners and policy-makers, and the general public.

Submitting Institution

University of Nottingham

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Psychology and Cognitive Sciences: Psychology
Law and Legal Studies: Law

Challenging rape myths and re-directing juries

Summary of the impact

The research of Prof Jennifer Temkin on rape myths and stereotypes has influenced the way in which rape trials are conducted and drawn the attention of participants in the criminal trial process to the dangers of stereotyping victims and defendants.

The effects of Temkin's research include:

  • bringing about change to the instructions given by judges to juries in rape trials; see the revised guidance introduced by the Crown Court Benchbook used universally by the relevant judges;
  • training prosecutors, advocates and judges in rape myths and the risks of stereotyping;
  • raising public awareness about rape myths and stimulating media debate around rape, sexual stereotyping and the assumptions made about victims and alleged perpetrators of sexual offences; and
  • informing government policy on measures relating to rape investigations.

Submitting Institution

University of Sussex

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Studies In Human Society: Criminology
Law and Legal Studies: Law

1) Improving the Efficiency of Scottish Criminal Procedure

Summary of the impact

The Scottish Government has long been concerned about delays and "churn" (repeated adjournments) in the criminal justice process (Firm and Fair (1994, Cmnd 2600); Improving Practice (Scottish Executive, 2004); Summary Justice Review Committee (Scottish Executive, 2004)). The criminal justice research cluster in the Law School has a longstanding interest in this area, stemming from initial research into prosecutor or "fiscal fines". Aberdeen researchers have conducted various Scottish Government funded and published studies, which have led to further academic articles. This body of research on "case trajectories" led to Duff's appointment to the Government's Summary Justice Review Committee (2001-2004) and many of its recommendations, some based on the Aberdeen research, were implemented through the Criminal Proceedings etc (Reform) (Scotland) Act 2007 which came into effect in 2008. Additionally, as a ressult of this research, Duff was involved in the fine-tuning of the Criminal Justice and Licensing (Scotland) Act 2010 as adviser to the Justice Committee of the Scottish Parliament.

Submitting Institution

University of Aberdeen

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law

Violence Against Women: Enhancing responses to victim-survivors

Summary of the impact

Since 2000 the Child and Woman Abuse Studies Centre (CWASU) has produced a body of research that has had significant impact for victim-survivors of violence against women (VAW) at policy and practice levels. We have evaluated new and emerging forms of support provision (Sexual Assault Referral Centres), tracked attrition in criminal justice responses to rape in England, Wales and Europe, mapped the `postcode lottery' of specialist services across Great Britain, and developed minimum standards for specialist services across Europe. Our research highlighted promising practices that led to a national rollout of specific forms of provision and central government funding for specialist services. We were among the first researchers in the UK to draw on human rights principles to illuminate the responsibilities of states to provide services, principles further elaborated in the 2011 Council of Europe Convention. Evidence here demonstrates that responses to victim-survivors across a number of arenas — criminal justice, specialist NGOs, and statutory health agencies — have been enhanced at an unprecedented level because of our work. More widely, our research has rekindled scholarship on sexual violence.

CWASU's role as independent academics... is crucial for both the voluntary and community sector and for statutory bodies like the Mayor's Office for Policing and Crime. They understand the issues on the ground from the perspectives of women and girls and... have developed cutting edge research and responses to complex problems to provide a robust evidence base for the sector to use in their advocacy work (Policy and Delivery Officer, Violence against women and gangs, Mayor's Office for Policing and Crime).

The ... evaluations of models of service delivery are invaluable in providing us with the information and tools to undertake the work that we do, both nationally and locally. The knowledge that we gain from CWASU informs and shapes our work as we continue to strive for improved responses to violence against women (Manager, Women's Aid, England).

Submitting Institution

London Metropolitan University

Unit of Assessment

Social Work and Social Policy

Summary Impact Type

Societal

Research Subject Area(s)

Medical and Health Sciences: Public Health and Health Services
Studies In Human Society: Criminology
Law and Legal Studies: Law

‘Lad culture’ and violence in higher education

Summary of the impact

This case study focuses on two related areas: the issue of violence against female students and how this is framed by `lad culture' in higher education (HE). It documents five areas where Alison Phipps' research has either directly led or indirectly contributed to change:

  • work with the National Union of Students (NUS) which has informed their policies and interventions;
  • improved public and policy understanding of the issues of violence against female students and `lad culture' in UK HE;
  • Students' Unions and other groups adopting `zero-tolerance' policies in relation to sexual harassment and abuse and attempting to tackle aspects of `lad culture';
  • institutions developing procedural frameworks around reporting and addressing violence against female students; and
  • governmental, public and third-sector organisations including students as a key demographic in their policies and initiatives around violence against women.

Submitting Institution

University of Sussex

Unit of Assessment

Sociology

Summary Impact Type

Societal

Research Subject Area(s)

Medical and Health Sciences: Public Health and Health Services
Studies In Human Society: Criminology, Other Studies In Human Society

Piloting Pre-Trial Witness Interviewing

Summary of the impact

This research informed the introduction and on-going implementation of a major criminal policy innovation, namely, Pre-Trial Witness Interviewing (PTWI) by Crown Prosecutors across England and Wales. It was conducted in partnership with the Crown Prosecution Service (CPS), and provided independent evaluation of PTWI as an integral component of the piloting phase prior to national roll-out. The research formed part of the initial PTWI training of selected Crown Prosecutors and, following roll-out, continued to serve as a resource for frontline prosecutors, affecting case progression, complainants' experiences and the outcomes of criminal cases (prominently including serious sexual assaults and domestic violence).

Submitting Institution

University of Nottingham

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Studies In Human Society: Criminology
Law and Legal Studies: Law

Shaping Law Reform and NGO Campaigns on Extreme Pornography and Pornographic Images of Rape

Summary of the impact

Research conducted by the research group `Gender and Law at Durham' (GLAD) has had a significant effect on the enactment and reform of the criminal law relating to the possession of extreme pornography, and on the activities of NGOs lobbying for change in this area. In particular, the research has generated the following impacts:

(1) In Scotland, it has shaped the campaigns of NGOs, recommendations of the Parliamentary Justice Committee, and new legislation by the Scottish Parliament to criminalise the possession of pornographic images of rape.

(2) In England, it was used by Rape Crisis (South London) and the End Violence Against Women Coalition for their campaign to `close the rape porn "loophole"'. This led to a change in Government policy in England and Wales, and a public commitment by the Prime Minister to amend existing English legislation criminalising the possession of extreme pornography to include rape pornography.

Submitting Institution

University of Durham

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law

Influencing law, policy and practice in jury trials in the UK and abroad

Summary of the impact

Research by the UCL Jury Project has directly influenced government and judicial policies and practices and public debate both in the UK and abroad. It has:

  • identified the need for reform and solutions to problems (on juror internet use, deliberation guidance, judicial directions and government reporting of conviction rates);
  • influenced judicial thinking and decision-making (on directing juries and trial by jury in the internet age);
  • influenced law reform proposals in the UK and abroad (on contempt, improper juror conduct and the insanity defence);
  • influenced government policy decisions (on upper age limit for jury service and anonymity for rape defendants);
  • contributed to improving the quality of debate about trial by jury (through wide-spread media coverage of the research).

Submitting Institution

University College London

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Psychology and Cognitive Sciences: Psychology
Law and Legal Studies: Law

Improving the quality of criminal defence lawyering & the protection of accused persons

Summary of the impact

Professor Hodgson's empirical criminal justice research has resulted in the creation of new professional standards encouraging proactive defence lawyering and quality assessment requirements for the legal profession in England and Wales. A model of more effective defence rights, underpinned by empirical research in English, Welsh and French criminal justice, has also influenced recent developments in Scotland and in EU criminal justice; has been relied upon in extradition proceedings in the UK and Canada; and, through a study at the Criminal Cases Review Commission (CCRC), has improved legal representation of those seeking to have their cases reviewed for appeal, as well as the Commission's ability to work with defence lawyers.

Submitting Institution

University of Warwick

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law, Other Law and Legal Studies

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