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Gillian HunterBirkbeck, University of London
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Professor Jessica JacobsonBirkbeck, University of London
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Cordelia Tucker O’SullivanRevolving Doors Agency
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Dr Amy KirbyBirkbeck, University of London
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Nicola CampbellBirkbeck, University of London
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Professor Penelope CooperBirkbeck, University of London
Project overview
This project will explore effective participation in the judicial processes of England and Wales.
Why this project is important
Effective participation in judicial proceedings is foundational to the delivery of justice. It is a principle closely related to access to justice, and is adopted in law, policy and guidance.
In recent years, measures have attempted to bolster public participation. This has occurred within the wider context of the curbing of access to legal representation. However, some of these measures, including the adoption of new technologies, court modernisation, and legal aid reforms, have created new barriers.
What the project involves
The research team will build on previous Nuffield funded research and explore the experiences of individuals who have attended criminal or family court as defendants, witnesses, or parties.
The research will address three questions:
- How are people’s perceptions and expectations of legal rights, justice, and the judicial process shaped by their prior encounters with the law?
- How can concepts of effective participation and access to justice be defined from a lived experience perspective and what are the main barriers to participation and access?
- What reforms are needed to address existing barriers and how can implementation of these reforms be supported?
The research team will conduct in-depth interviews with a diverse group of people about their encounters with the law since childhood. This will include discussing their specific experiences of criminal and/or family courts, whether virtually or in person, with consideration of factors which supported or undermined their engagement in the process.
A pilot study, focusing on experiences of the Family Court in one location, will help to refine and develop the main study. In a final stage, policy workshops will bring together lay and professional stakeholders to discuss findings and develop recommendations.
Outcomes
The findings from the research will be published in:
- a research report highlighting lay experiences, aimed at practitioners and policymakers
- briefings on legal rights, participation, and access to justice, run in collaboration with voluntary sector partners and the Nuffield Family Justice Observatory
- a webinar presenting individual stories of encounters with the justice system, to illustrate the vulnerabilities and support needs of court users.