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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

Rape Law and Evidence: Legislative and Policy Reform

Summary of the impact

Legislation, policy and practice surrounding the criminal justice response to rape in Scotland have been profoundly influenced by the work of Professor Michele Burman. Her research directly informed the Sexual Offences (Procedure and Evidence) (Scotland) Act 2002, and continues to influence policy and practice guidance. Her research on rape attrition/conviction rates informed changes to investigative/prosecutorial responses. Her work was drawn on in the Scottish Law Commission's review of the law of rape and informed the subsequent Sexual Offences 2009 Act which introduced radical changes to the definitions of rape and of consent. Burman's research has been adopted by Rape Crisis Scotland in national campaigns, and crucially informed training materials for the judiciary in Scotland and abroad.

Submitting Institution

University of Glasgow

Unit of Assessment

Social Work and Social Policy

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

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

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

Inspecting the Criminal Justice System

Summary of the impact

This case study describes the impact that has arisen from an extended research project carried out by Professor Shute, since 2009, on inspection of the main criminal justice agencies — police, prosecution, courts, prisons and probation — in the United Kingdom. The impact of the research has been at a number of levels: the development by ministers and senior civil servants of high- level strategy concerning criminal justice inspection; the translation of that strategy into inspection policy; and the conversion of inspection policy into inspection practice. Specific changes include: developing a risk-based approach; inspecting the use of the person escort record; and inspecting corruption in prisons.

Submitting Institution

University of Sussex

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Studies In Human Society: Criminology, Policy and Administration
Law and Legal Studies: Law

National and international development and reform of the law of criminal evidence

Summary of the impact

Professor Adrian Keane's research relates to the law of criminal evidence, that body of law which regulates the means by which facts can be proved in criminal trials. His publications on the subject have effected change and benefited the awareness, capacity, performance and understanding of the subject on the part of:

(i) the judiciary in the UK and internationally, in reaching decisions at both first instance and at appellate level; and in giving directions to juries on evidential issues that are as clear and consistent as possible

(ii) legal practitioners

(iii) law academics and students (an impact that extends significantly beyond the submitting higher education institution)

(iv) legislators in the People's Republic of China.

The most significant impact stems from participation in a project in Beijing that led directly to a revised Criminal Procedure Law that has improved the quality of the administration of Chinese criminal justice. Specifically, it has rendered criminal trials fairer to the accused and reduced the potential for miscarriages of justice, especially in relation to offences carrying the death penalty.

Submitting Institution

City University, London

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

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

Regulating Deaths and Injuries Caused by Work

Summary of the impact

This impact case study provides details of research carried out by Dr David Whyte on the regulation of deaths and injuries caused by working. This research led directly to the introduction of new legislation in the Scottish Parliament in 2010. The research has also had a measurable influence upon policy debates in the Health and Safety Commission/Board and the UK Parliament and has provided the foundation for trade union policy on health and safety regulation. This case study draws upon inter-disciplinary knowledge in the disciplines of law, criminology, economics and business and management studies to impact upon policy development in government, the criminal justice system and the trade union sector.

Submitting Institution

University of Liverpool

Unit of Assessment

Social Work and Social Policy

Summary Impact Type

Political

Research Subject Area(s)

Medical and Health Sciences: Public Health and Health Services
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

Strengthening the Capacity of National and International Criminal Justice Institutions

Summary of the impact

The capacity of national and international criminal justice institutions to investigate and prosecute the most serious international crimes has been significantly strengthened as a result of Professor Bekou's research. They gain, through `legal tools', universal access to legal information and to analytical legal frameworks which facilitate the efficient and effective administration of international criminal justice. By offering access to knowledge, skills and expertise, the International Criminal Court as well as States, e.g. the Democratic Republic of the Congo (DRC) and Sierra Leone are empowered to overcome the key challenges restricting their ability and capacity to pursue justice for atrocities.

Submitting Institution

University of Nottingham

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

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

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

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