Access to Justice for Vulnerable People

Access to Justice for Vulnerable People PDF

Author: Penny Cooper

Publisher: Wildy, Simmonds & Hill Publishing

Published: 2018-11-27

Total Pages: 288

ISBN-13: 9780854902675

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This volume presents some of the challenges that exist in achieving sufficient access to justice for vulnerable people, primarily in criminal and family proceedings and provides international comparisons of best practice.

Vulnerable People and the Criminal Justice System

Vulnerable People and the Criminal Justice System PDF

Author: Penny Cooper

Publisher: Oxford University Press, USA

Published: 2017-07-27

Total Pages: 529

ISBN-13: 9780198801115

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Over the last 25 years there has been a growing recognition that the way in which cases involving the vulnerable are investigated, charged and tried needs to change. Successive judgments of the Court of Appeal have re-enforced the message that advocates and judges have a duty to ensure vulnerable witnesses and defendants are treated fairly and allowed to participate effectively in the process. How do practitioners recognise who is or may be vulnerable? How should that person be interviewed? What account should police and the CPS take of a defendant's vulnerabilities? How should advocates adjust their questioning of vulnerable witnesses and defendants whilst still complying with their duties to their client? How should judges manage a trial to ensure the effective participation of vulnerable witnesses and defendants? Vulnerable People and the Criminal Justice System, written by leading experts in the field, gathers together for the first time answers to these questions and many more. It provides a practical, informative and thought-provoking guide to recognising, assessing and responding to vulnerability in witnesses and defendants at each stage of the criminal process. Backed by authoritative research and first-hand experience and drawing on recent case law, this book enables practitioners to deal with cases involving vulnerable people with calmness, authority, and confidence.

Addressing Vulnerability in Justice Systems

Addressing Vulnerability in Justice Systems PDF

Author: Linda Hunting

Publisher: Wildy, Simmonds & Hill Publishing

Published: 2016

Total Pages: 0

ISBN-13: 9780854901968

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This publication represents not only the current state of knowledge from experts in the field, but more importantly evidence of a seismic shift in the justice system.

Access to Justice for Vulnerable and Energy-Poor Consumers

Access to Justice for Vulnerable and Energy-Poor Consumers PDF

Author: Naomi Creutzfeldt

Publisher: Bloomsbury Publishing

Published: 2021-08-12

Total Pages: 335

ISBN-13: 1509939431

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Providing a novel socio-legal approach to the issue of access to justice for energy poor consumers, this book examines the barriers to justice facing this excluded group, as well as the broader vulnerability characteristics among energy consumers.

Access to Justice for Disadvantaged Communities

Access to Justice for Disadvantaged Communities PDF

Author: Marjorie Mayo

Publisher: Policy Press

Published: 2014-03-01

Total Pages: 176

ISBN-13: 1447311027

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Justice is a basic human right in all democratic doctrines, but in Britain, where welfare has faced recent market-based reforms, it’s increasingly a right available only to those who can afford it. Professionals and volunteers are struggling to provide services such as legal counselling and representation to disadvantaged communities. This book explores how strategies to safeguard these vital services can strengthen, rather than undermine, the basic ethics and principles of public service provision. The authors show how such safeguarding might improve the positions of those who administer—as well as those who need—publicly provided legal services. Though focused on Britain, their findings reverberate to the United States and all democracies undergoing similar challenges in the public sphere.

Access to Justice for Vulnerable and Energy-Poor Consumers

Access to Justice for Vulnerable and Energy-Poor Consumers PDF

Author: Naomi Creutzfeldt

Publisher: Bloomsbury Publishing

Published: 2021-07-01

Total Pages: 384

ISBN-13: 150993944X

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How do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).

Legal Needs Surveys and Access to Justice

Legal Needs Surveys and Access to Justice PDF

Author:

Publisher:

Published: 2019

Total Pages: 201

ISBN-13: 9789264309548

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This report offers an empirical tool to help planners, statisticians, policy makers and advocates understand people's everyday legal problems and experience with the justice system. It sets out a framework for the conceptualisation, implementation and analysis of legal needs surveys and is informed by analysis of a wide range of national surveys conducted over the last 25 years. It provides guidance and recommendations in a modular way, allowing application into different types of surveys. It also outlines opportunities for legal needs-based indicators that strengthen our understanding of access to civil justice.

Access to Justice as a Human Right

Access to Justice as a Human Right PDF

Author: Francesco Francioni

Publisher: OUP Oxford

Published: 2007-10-25

Total Pages: 272

ISBN-13: 0191018651

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In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.