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Dr Lucy WelshUniversity of Sussex
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Dr Amy ClarkeUniversity of Brighton
Project overview
This project will explore people’s experiences of accessing the justice system through the Criminal Cases Review Commission (CCRC), and of seeking legal advice to assist with applications to the CCRC.
Why this research is important
The CCRC was established in 1997 to review miscarriages of justice.
They have recently received positive attention because of their role rectifying wrongful convictions resulting from the Post Office Horizon IT scandal, but also criticism in light of alleged failures to rectify Andrew Malkinson’s wrongful conviction when they were first asked to review that case.
The CCRC has also come under parliamentary scrutiny, and the Law Commission has started a project looking at the criminal appeals process, including the role of the CCRC. In light of cuts to criminal legal aid and this wider context, it is important that we learn more about a) applicants’ experiences of seeking legal representation to assist with applications to the CCRC, and b) applicants’ awareness and experience of the appeal and post-appeal landscape of criminal justice.
How the research will be carried out
This project aims to make recommendations to the CCRC, and other organisations they work alongside, to make the appeals system more accessible.
The team will address four research questions:
- What is the extent of applicant knowledge about available funding for legal representation, and what are their experiences of obtaining funding?
- How do applicants understand and experience CCRC processes, and what do they regard as success?
- What role do applicants regard lawyers as playing in the process, and what would they like to see done differently?
- What would applicants like to change about appeal systems to make them fairer and more effective?
The project will build on previous CCRC commissioned work looking at the impact of funding cuts on the CCRC, lawyers specialising in appellate level work, and their clients. Semi-structured interviews will be held with past and present applicants to the CCRC. The interviews will focus on themes around funding, perceptions of representation, accessibility of the CCRC and other appellate systems, understanding of the CCRC, and perceptions about ways to improve accessibility.
Findings
Findings from the project will be disseminated in:
- a public report
- launch events
- a briefing paper
- an infographic
- and a short video for the CCRC’s YouTube channel.