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Governance, Legal Reform and Access to Justice

Summary of the impact

Professor Faundez's research has set out how legal reform projects should be designed and implemented in order to be successful in the context of existing local conditions and to ensure access to justice for indigenous peoples and other vulnerable groups. His work as policy advisor both to development agencies (the World Bank, the UK's Department for International Development (DFID), and the Inter-American Development Bank) and to Non- Governmental Organisations (NGOs) (Amnesty International, the World Justice Project) has helped these organisations broaden their approach to the design, implementation and evaluation of legal reform projects. The range of his publications - from academic articles to specially commissioned reports - has ensured a fruitful dialogue with practitioners in the field of law and governance.

Submitting Institution

University of Warwick

Unit of Assessment

Law

Summary Impact Type

Political

Research Subject Area(s)

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

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

Underpinning change and influencing policy in international refugee law and guidance

Summary of the impact

Professor Cryer's research on International Criminal Law has changed how the human rights of refugees are protected under International Law. First, it has significantly influenced Canadian jurisprudence in this field. Prior to the July 2013 decision of the Supreme Court of Canada in Ezkola v Canada, refugee claimants had been excluded from Canada on the basis of their association with others, rather than because they were individually responsible for the commission of international crimes. The Supreme Court of Canada relied directly on Cryer's research to develop a new test to determine eligibility for refugee status. Secondly, Cryer's research has helped to shape the revised 2003 UNHCR guidelines on the application of exclusion clauses, which will be published in 2014. Beneficiaries of the research include the UNHCR and all States which implement the UNHCR's guidelines on refugee status, and individuals who would previously have been denied refugee status.

Submitting Institution

University of Birmingham

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law
Philosophy and Religious Studies: History and Philosophy of Specific Fields

Genocide prevention In the Great Lakes Region of Africa

Summary of the impact

Nigel Eltringham's research has enabled him to contribute to the creation of a regional mechanism for the prevention of war crimes, crimes against humanity and genocide in the Great Lakes Region of Africa under the auspices of the International Conference of the Great Lakes Region (ICGLR) and the office of the UN Secretary General's Special Advisor for the Prevention of Genocide (OSAPG). This is the only mechanism of its kind in the world. Eltringham's contribution is based on delivering training and facilitating workshops, using the findings of his research, which directly resulted in the formation of a series of committees, co-ordination offices and programmes designed to prevent genocide.

Submitting Institution

University of Sussex

Unit of Assessment

Anthropology and Development Studies

Summary Impact Type

Societal

Research Subject Area(s)

Law and Legal Studies: Law
Philosophy and Religious Studies: History and Philosophy of Specific Fields

Shaping the debate on cuts in Legal Aid funding

Summary of the impact

By exploring the social and economic effects of cuts in funding for legal aid, this research directly influenced legislation aimed at preserving legal aid for welfare benefit appeals. This was a major victory for campaigners who cited the research to lobby against cuts proposed by the 2011 Legal Aid Bill. The research informed a proposed House of Lords amendment to the Bill. Although the amendment was turned back by the House of Commons, welfare benefit appeals on points of law were discussed during the second reading and retained within the scope of legal aid funding.

Submitting Institution

London School of Economics & Political Science

Unit of Assessment

Anthropology and Development Studies

Summary Impact Type

Legal

Research Subject Area(s)

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

Widening Access to the Legal Profession and Improving Social Mobility

Summary of the impact

This case-study is based on research conducted by Professor Francis at Keele University which provides insights into three crucial aspects of social mobility and access to the legal professions: legal executives, part-time law students, and legal work experience. This work has made a significant contribution to practitioner debate, practitioner practice and policy change. Key impacts of this research have been the promotion of debates within the legal profession around diversity which has led both to a much wider professional and government awareness of these issues in the UK, and the development of policies and schemes to address such issues.

Submitting Institution

Keele University

Unit of Assessment

Law

Summary Impact Type

Societal

Research Subject Area(s)

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

Empirical and Legal Aspects of Mental Condition Defences and Unfitness to Plead

Summary of the impact

Much has been written about mental condition defences such as insanity and diminished responsibility together with the cognate doctrine of unfitness to plead. However, most of this work has been doctrinal rather than empirical. This case study has developed a sustained and continuing understanding of how certain mental condition defences operate in practice, primarily through empirical analysis. R.D. Mackay's empirical studies of both the insanity defence and unfitness to plead and his studies of diminished responsibility, provocation and infanticide have been used by and have influenced law reform bodies, legislators, policy development and legal analysis.

Submitting Institution

De Montfort University

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

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

Refugees and Exclusion: Informing the Global Judiciary

Summary of the impact

Professor Geoff Gilbert's research on exclusion in international refugee law has influenced policies of international organisations and courts around the world. His research on extradition prompted the UN High Commissioner for Refugees (UNHCR) to invite Gilbert to write the Global Consultation on exclusion, adopted in 2001 at the 50th Anniversary meeting for the 1951 Convention Relating to the Status of Refugees. This Consultation directly influenced UNHCR's 2003 Guidelines on Exclusion that have been cited worldwide in hundreds of cases during the impact period. Canadian and German appellate courts have also favourably cited Gilbert's work directly.

Submitting Institution

University of Essex

Unit of Assessment

Law

Summary Impact Type

Political

Research Subject Area(s)

Law and Legal Studies: Law
Philosophy and Religious Studies: History and Philosophy of Specific Fields

Criminal law, complicity and homicide

Summary of the impact

This research has made a sustained and continuing impact on the development and application of the substantive criminal law, including mens rea and general defences, and especially in the areas of complicity and homicide, in terms of

i) development of the law by the appellate courts;

ii) application of the law by practitioners; and

iii) government policy as to the reform of the law of murder and complicity.

Submitting Institution

University of Central Lancashire

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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