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"LEGAL ADVICE"
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Tacticians, Stewards, and Professionals: The Politics of Publishing Select Committee Legal Advice
2019
At Westminster, there are increasing pressures on select committees to publish in-house legal advice. We suggest that examining the process of deciding to publish provides useful insights into the provision, reception, and use of legal advice, and the dynamics of select committees generally. We argue that the autonomy of select committees to decide what use they make of evidence and advice they receive is, in practice, constrained by the intra-institutional dynamics and practices of select committees. Committee actors – parliamentarians, clerks, and parliamentary lawyers – each have overlapping, sometimes competing roles. Most of the time, these roles and the responsibilities they encompass coincide, but the prospect of publication reveals clear tensions between the different actors. This is the politics of publication: the tactical approach of politicians is in tension with the stewardship of clerks and the professional norms of parliamentary lawyers. We suggest this tension will only increase in the near future.
Journal Article
Distance Training of Pragmatic Competence of Law Students via Legal Cases in an English for Specific Purposes Course
2022
The priority of the competence approach aimed at developing professional competency of higher education students reflects the labour market need for graduates with the skills required by their speciality and relevant to the interrelated disciplines. In the case of law students, such skills include awareness of both domestic and foreign legal systems, as well as full communicative competence in the foreign language they are going to use. A key component of foreign language communicative competence is pragmatic competence—that is, knowledge about how a foreign language is used appropriately in a legal context. The research conducted contributes to the issue of pragmatic competence training by means of a practice-oriented method—that is, the case method. The significance of the case method is determined by the twofold goal of developing pragmatic competence via pseudo-real legal situations that provide students with legal knowledge, as well as stimulate them to be effective communicators in the legal sphere. The study took place at SPbPU and involved 120 s-year law students. The experiment conducted was aimed at comparing the case method and traditional methods used for teaching Legal English, particularly the first legal advice strategy—a component of pragmatic competence. A specific feature of the experiment was that it was organized in the form of distance learning. To collect and analyse the data of the study, a qualitative and a quantitative method were applied. The results of the study showed a high efficiency of the case method for fostering pragmatic competence in an ESP course for law students in comparison with traditional methods, which were not very efficient. Besides, the experiment showed that an on-line format may be an adequate methodological means of effectively achieving the goal in a foreign language training for professional needs in a course with a time limit.
Journal Article
'I'M A DETAINEE; GET ME OUT OF HERE': Predictors of Access to Custodial Legal Advice in Public and Privatized Police Custody Areas in England and Wales
2009
This article examines anew the factors that predict whether detainees in police custody request legal advice, a due process right, and whether those requests are met. It is primarily based on quantitative data collected from custody records, in one public and one privatized custody area in England and Wales, which are analysed using logistic regression. By comparing these two types of custody area, I was able to develop new insights into a neglected area of research. I conclude that privatized custody areas have unexpected consequences for procedural justice. The newer and less austere conditions may facilitate a higher proportion of requests for legal advice, which, in turn, results in higher absolute numbers of legal consultations, although a similar proportion of unmet requests. And, surprisingly, given the wider context of a more vigorous form of managerialism, this suggests that there has not been a deepening of the tendency for due process values to be trumped by crime control values.
Journal Article
Lines of Action for Sexting Prevention and Intervention: A Systematic Review
2022
Sexting has become a new form of intimate interaction in line with contemporary communication methods. This phenomenon often leads to positive outcomes, but it can also have negative repercussions depending on the situation, such as the context of the relationship, and whether it is consensual or coercive. Despite this, the main types of sexting behaviors (sending, receiving, and third-party forwarding) must be addressed in order to promote safe and healthy practices. However, the approach to tackling this phenomenon remains unclear. This systematic review sought to summarize the lines of action proposed or conducted in the scientific literature to address sexting, to help researchers and educators create and evaluate effective programs. A systematic search of 21 databases was conducted; only articles relating to sexting education, prevention, and intervention among child and adolescent populations were considered. In total, 456 articles were identified, 91 of which were included for the purposes of this research. The results highlighted a need to respond to the aforementioned sexting behaviors and to tackle the resulting conflict situations. Although interventions across different areas are recommended (e.g., health, family, policies, legal advice, law enforcement, technology experts, and even society as a whole), most studies agree that school is the most practical setting for intervention. Thus, the 15 lines of action identified in this systematic review must all be considered to effectively address sexting in childhood and adolescence.
Journal Article
Queensland Community Legal Centres' Use of Information Technology to Deliver Access to Justice
by
Farrell, James
,
Phillips, Emma
in
Access to information
,
ACCESS TO JUSTICE
,
At risk populations
2015
In Queensland, Australia, community legal centres utilise a range of different types of information technology to provide legal advice and assistance to their clients, which include marginalised and disadvantaged groups. In this article Emma Phillips and James Farrell considers the use and efficacy of different types of information technology within the community legal sector, discussing the findings of recent empirical research on this issue in the context of the relevant research literature. The article then explores issues associated with the use of information technology in the provision of legal information and advice, including the limitations associated with this technology in the context of the delivery of legal assistance to vulnerable clients.
Journal Article
The Rise of Digital Justice: Courtroom Technology, Public Participation and Access to Justice
2017
This article addresses a little discussed yet fundamentally important aspect of legal technological transformation: the rise of digital justice in the courtroom. Against the backdrop of the government's current programme of digital court modernisation in England and Wales, it examines the implications of advances in courtroom technology for fair and equitable public participation, and access to justice. The article contends that legal reforms have omitted any detailed consideration of the type and quality of citizen participation in newly digitised court processes which have fundamental implications for the legitimacy and substantive outcomes of court-based processes; and for enhancing democratic procedure through improved access to justice. It is argued that although digital court tools and systems offer great promise for enhancing efficiency, participation and accessibility, they simultaneously have the potential to amplify the scope for injustice, and to attenuate central principles of the legal system, including somewhat paradoxically, access to justice.
Journal Article
139; Access to health and mental health services for trafficked migrants in Canada: case study of Ontario
2025
OP 15: Exclusion and Discrimmination 1, B308 (FCSH), September 3, 2025, 17:00 - 18:00 Background and aims In 2006, Canada introduced an assistance/protection program for trafficked migrants, which allows them to apply for a Temporary Resident Permit (TRP) and access basic healthcare, including counselling. However, little is known about the actual availability and accessibility of healthcare and mental health services for migrants who left trafficking situations. Trafficked migrants have unique needs and face unique challenges due to compound factors of precarious immigration status, language barriers, lack of information and others. The paper investigates: (a) what specialized healthcare, mental health services and programming for trafficked persons are available in Ontario, Canada; (b) whether such services respond to unique needs of migrants post-trafficking and whether they are accessible to them. Methods The paper relies on analysis of anti-human trafficking plans, strategies and policies (parts related to health services), literature review and a survey of community organizations in Ontario, which specialize in counselling and trauma-informed programming for survivors of trafficking. Results There is a gap in policy, research and delivery of supports for trafficked migrants. Most current initiatives focus on domestic sex trafficking and child sexual exploitation, paying little attention to trafficked migrants. Structural issues such as short-term nature of TRPs, processing delays and uncertainly about longer-term status in Canada exacerbate barriers as without legal immigration status, survivors cannot access health/support services and are at risk of removal. Conclusion The current gaps must be addressed: (a) at the research level by studying the healthcare needs of trafficked migrants, their experiences in Ontario healthcare system, developing tools for service providers to better understand and identify trafficking situations; (b) at the policy level by revising Ontario anti-human trafficking strategy to address trafficked migrants; (c) at service-provider level by supporting initiatives that respond to intersecting needs of trafficking migrants such as legal advice, language services, healthcare, counselling and housing.
Journal Article
Lawyers for the poor
2019,2023
From the 1890s onwards, social reformers, volunteer lawyers, and
politicians increasingly came to see access to affordable or free
legal advice as a critical part of helping working-class people
uphold their rights with landlords, employers, and retailers - and,
from the 1940s, with the welfare state. Whilst a state scheme was
launched in 1949, it was never fully implemented and help from a
lawyer remained out of the reach of many people. Lawyers for
the poor is the first full-length study of the development of
voluntary action and mutual schemes to make the law more
accessible, and the pressure put on the legal profession and
governments to bring in further reforms. It offers new insights of
the role of access to the law in shaping ideas about citizenship
and civil rights in the twentieth century.