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Two particular examples of impact on legislative change and legal practice are described: impact on the parliamentary process and impact on mental health practice and procedure. The first example describes contribution to debate during the parliamentary process for the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill and contribution to the decision to reject rushed emergency legislation. The research team's response to the consultation by the Justice 2 Committee was widely referred to by organisational representatives and individuals in the debates. The second example focuses on the impact from a key text, which has been used by both sides and judges in Sheriff Court appeals. The impact here is in its verifiable effect on the practice of law in courts and in the making of legal determinations.
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.
In Northern Ireland the display of symbols in public spaces has remained a highly contested and consistent cause of public disorder. The research outlined in this case study is a leading Office of the First Minister and Deputy First Minister Indicator for effective policies on community relations. Impact is evidenced through the research in five ways. It has (i) altered government policies; (ii) enhanced broader democratic participation in local government debates; (iii) increased conflict resolution opportunities as part of local peace-building schemes; (iv) informed United Nations' work on divided societies; and (v) facilitated mediation networks dedicated to changing the nature of public space. It has been carried out according to a government brief for the whole Northern Ireland population, thereby encompassing the maximum scope possible for impact within the legal jurisdiction of the state. The research has been transformative in understanding and tackling the extremely contested issue of how and when flags are used in public spaces in Northern Ireland and it has influenced United Nations' consultations on post-conflict policies.
This case study focuses on the right to assemble and to protest through International human rights' law. It has impacted upon judicial rulings of human rights' compliant approaches to monitoring and policing peaceful protest. Sustained research with the Organisation for Security and Co-operation in Europe's Office of Democratic Institutions and Human Rights (ODIHR) has increased national and international understandings of and respect for one of the fundamental human freedoms through the development of the Guidelines on Freedom of Peaceful Assembly (Jarman et al. 2010). These guidelines are increasingly recognised as international soft law standards and they have been used by international and national human rights' organisations throughout eastern Europe and the south Caucasus including the United Nations. The beneficiaries of this research impact are governments and NGOs working across eastern Europe, the south Caucasus and central Asia. They include Amnesty International, Human Rights' Watch, Helsinki Foundation and the International Foundation for Human Rights (FIDH).
The Records of the Parliaments of Scotland project, completed in 2008, and its subsequent research developments have achieved considerable impact through widening global public awareness of this historical resource. Its free-to-access searchable database is accepted as the definitive point of reference for pre-Union Scottish legislation. The project's materials and findings have had sustained impact on archival, heritage, legal and policy practitioners, providing significant input to a wide spectrum of present-day political, social, economic, environmental and cultural initiatives, from public debate and consultation through to formal enactment. The project has also contributed to the enhancement of the history curriculum in Secondary education.
In the context of Law Commission reports on legislation in mental capacity, in 1999, Tony Holland published a ground-breaking review on capacity and an empirical study of the capacity of people with mental disorders. Through Holland's role as one of two expert advisers to a Parliamentary Pre-legislative Scrutiny Committee in 2003, this work directly informed the Mental Capacity Act 2005 and the Code, both of which remain current. With full implementation of the Mental Capacity Act in 2007, Holland's studies from 2008 refined concepts of capacity and best interests for clinical practice; and have examined other aspects of the Mental Capacity Act including advocacy, the Mental Capacity Act in different clinical settings, and the Deprivation of Liberty Safeguards.
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.
This case study refers to the body of survey research evidence on public attitudes to community relations, gathered over a period of two decades in Northern Ireland. The thesis on `impact' is that this body of work influenced government policies, public debate and good practice in equality procedures during the period 2008-2013. The survey results have become ubiquitous within debates and reports within/from government, political parties, journalists, lobbyists and NGOs and as a consequence have had significant and wide-ranging effects on Northern Ireland society.
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.
The impact of a research programme into quality assessment measures for publicly funded legal services has been the establishment of a peer review programme for all civil and criminal lawyers operating in Scotland, England and Wales. This programme has ensured that the quality of service provided by legal aid lawyers in Scotland is consistently high, with only 10% of providers failing routine reviews. Moreover, the errors that do emerge are primarily administrative failings rather than poor legal advice. The Scottish model has been the basis for pilot projects in the Netherlands, Finland and Moldova, and has been drawn on for a peer review programme for all Dutch notaries.