Impact case study database

Flynn’s research is responding to the need for improvements in sentencing guidelines for wildlife crime offences. In England and Wales (E&W), and around the world, sentencing for wildlife crime is considered to be inadequate for reflecting the severity of these crimes and serving as a deterrent. It rarely accounts for the harms caused to animals themselves, the human actors who may be harmed or exploited through the offences, or the harm to the biodiversity of the areas in which the crimes are committed. In this context, Flynn’s research has served as a starting point and call to action for changes to advocacy and sentencing for wildlife crimes both domestically and internationally.

Supporting calls for policy change

Flynn’s report for WWF-UK (3.2) has received a substantial amount of public attention. An article for The Conversation (5.1) was read 13,641 times, and was shared 562 times on Facebook. The article was also republished by The Independent Online and The Metro Online, available to their wide combined readership. Analysis of sentencing patterns contained within the WWF report has been widely cited by NGOs, charities and campaigners, and has also appeared in Chris Packham’s ‘People’s Manifesto for Wildlife’ (5.2), informing its position on sentencing for crimes against wildlife. These impacts raise public awareness of the issues surrounding the lenient sentencing of wildlife crime, shining a light on a topic which may only rarely be considered by many. WWF-UK made the report the basis for legal advocacy work attempting to influence sentencing policy in E&W.

The research has also informed WWF-UK’s approach to sentencing policy, and formed the basis of their advocacy with the Sentencing Council for England and Wales, pushing for changes to sentencing practice through the introduction of sentencing guidelines for wildlife crime offences. WWF-UK’s Director of Policy and Advocacy said “the report played its part in the mosaic of political briefings submitted to government to influence their support for greater action on this issue”, and that “the report also enabled WWF to discuss the important issue of traffic in wildlife trade with the UK government” (5.3). This advocacy work is ongoing, and the Animal Welfare (Sentencing Bill (2019-21) represents a major step forward in the fight to introduce more robust sentencing in England and Wales. Flynn’s research also led to “further involvement between WWF and the Metropolitan Police and the CPS on how to raise greater awareness of the links between the traffic of wildlife crime and organised crime” (5.3). For now, while the Sentencing Council continues to prioritise other types of offence, they have introduced General Guidelines to be applied in cases where there are not specific alternatives and cited calls for the introduction of guidelines for wildlife crime as one of the reasons these General Guidelines were needed.

Informing sentencing policy around the world

Flynn’s research is having a considerable impact outside of the UK. The judiciary of Sabah and Sarawak in Malaysian Borneo became aware of Flynn’s work through WWF Malaysia, who invited her to visit to present her research and “share her knowledge on similar guidelines” (5.4). The region represents one of the most biodiverse areas on the planet, and the potential for wildlife crime is enormous, especially in terms of the trade of rare and endangered animals such as pangolins, which are one of the world’s most trafficked animals. In her presentation, she “outlined what sentencing guidelines might look like and how these could be used” (5.5). Flynn went on to facilitate a workshop with attendees, providing space for discussion on the potential format and application of such guidelines, as well as providing guidance and advice about the best way to proceed. The Chief Judge announced at the event that he “agreed guidelines should be introduced, and that a taskforce would be set up to work on this” (5.5). Flynn “provided feedback and highlighted key strengths/ideas to carry forward”. As a result of the event Flynn attended, the Chief Judge undertook to introduce sentencing guidelines for wildlife crimes across Sabah and Sarawak, which would be the first of their kind in the region (5.4).

The WWF Malaysia Policy Analyst who led this project said after the presentation and workshop session, “as a result of this session, and subsequent work by attendees, sentencing guidelines were drafted and formally adopted in June 2019. These are the first sentencing guidelines ever to be used in Malaysia and they have received many positive responses from the environmental court judges and prosecutors” (5.5). The guidelines will apply to all cases of wildlife crime heard in the Sabah environmental (criminal) court, and will enable judges to hand down sentences for these types of crime which better reflect their seriousness, and will help to act as a deterrent to those involved in committing wildlife crimes. The foreword of the guidelines document cites their significance for the country: “The Wildlife Conservation Enactment 1997 is the only legislation which deals with the management of wildlife in Sabah.” (5.4). The guidelines are therefore an enormously important step in increasing wildlife protection in the region.

The WWF Malaysia Policy Analyst remarked, “I have no doubt that Melanie’s research and input encouraged the adoption of sentencing guidelines by the Sabah environmental courts, and that the content of those guidelines was strongly influenced by the recommendations resulting from her research on sentencing practice in England & Wales” (5.5). Wording from her 2016 publication (3.2) has been used as part of the introduction to the guidelines and she is explicitly named in the foreword in terms of her contribution to both the meetings for devising the guidelines and for providing the evidence base on which much of the eventual guidelines were based (5.4). Additionally, her work is being used as the basis of continuing work, “Since the development of the sentencing guideline for wildlife crime in Sabah, our team was able to develop our own methodology and formula and then replicating the same formula in developing Sentencing guideline [for] other environmental issues such as Forest Crime. We look forward for the progress of Melanie’s post research and share the use of our own sentencing guideline for knowledge sharing” (5.5). This means that the reach of the impact from Flynn’s research will ultimately go beyond her initial contribution, and serve to underpin developments to further safeguard the natural world in one of the planet’s most biodiverse regions.

The Huddersfield Legal Advice Clinic (LAC) addresses two principal problems. The first is the gap left by cuts to the UK legal aid budget, excluding many people from access to free legal support. The second is the need for the trainee legal professionals at the University of Huddersfield to gain hands-on experience during their studies which enhances their skills, and helps them develop a keen sense of ethical practice, as well as improving their employment prospects for after they graduate.

Impact on clients of the Legal Advice Clinic

Since its inception in 2013, the Clinic has provided advice to 1832 clients on a range of issues, the most common being family law and contract and civil matters (5.1). Without the service the Clinic provides, these individuals may not have accessed any advice or support.

The location of the Clinic, in the Packhorse Shopping Centre in central Huddersfield, means that many clients attend as ‘passing trade’. Clients remarked on feedback forms (5.2) that they were “walking passed [sic] and decided to call in” and that they “saw it as [they] walked past”. For some, the LAC represents their last resort for accessing help for their legal problem. One client said that “I had nowhere else to turn, the LAC was my last hope” and another that they “did not know where else would help me” (5.2).

Other Universities provide legal advice clinics, but these often take place on university campuses. The Head of Clinic Support and Development at LawWorks, a charity that offers support for free legal advice clinics across England and Wales, said that the Huddersfield Legal Advice Clinic is “distinctive among University Clinics in that it takes place in a town centre location rather than on the University campus” (5.3), and that “solicitors’ premises and University campuses can be seen as intimidating places, which may prevent some people, especially those from disadvantaged backgrounds who may benefit most from the Clinics’ services, from attending to gain access to legal advice.”. The Huddersfield LAC’s location puts it at the centre of the community, in a familiar and accessible setting. Additionally, other University clinics may specialise in a particular field of law and turn away clients with different or more general enquiries, but the Huddersfield Clinic deals with whatever issues clients present with, regardless of the field of law.

Word of mouth is a powerful means by which new clients are gained, with clients remarking that they were “recommended by a friend” (5.2). The Clinic also has a Twitter presence (@LegalAdviceClin) with 872 followers to advertise its services and drop-in sessions.

When clients access the LAC, the advice process maximises their benefit while also providing advisors with the best opportunities for learning, supported by the UoH Clinic staff. The LAC is an advice only service, which means that clients receive a letter that details how they can progress with their problem themselves, and what resources or further support they might need. The process is mutually empowering; the clients get the information they need to address their problem themselves, and the advisors are empowered to understand the problem that is brought to them, and devise a strategy for the client to address it. Clients remarked that “everyone was really helpful and sympathetic to my situation,” “the advice was very well received” and that they were “happy with how my case was handled.” (5.2).

In response to the forced closure of the LAC in March 2020, the team worked to develop and roll out a service through which clients could be supported remotely. Clients receive the same service, provided online through Microsoft Teams. A client who accessed this service said that in her online client interview, the advisors were “extremely professional and explained everything perfectly clearly” (5.4). As many legal and court services have also been forced to continue remotely, the client had little understanding of the process. She said, “I was provided with information about the conduct of the proceedings” and that it made her “feel confident that I would be able to navigate my way through the court hearing and get the result I was looking for”.

Impact on trainee legal professionals involved with the Legal Advice Clinic

Drake and Toddington’s research describes the ways that legal clinical education should enhance the learning experiences and ultimately the professional practice of those undergoing training to become tomorrow’s lawyers. These assertions are borne out by the experiences of advisors in the clinic, who were placed at the centre of establishing the clinic (crucially, choosing the location), and remain integral to its operation.

These experiences for the early teams involved with the Clinic were built on by successive cohorts, totalling in excess of 212 (5.1) trainees working with the LAC either as advisors working directly with clients, or as observers, sitting in on sessions. The selection process is an annual application, interview and training process, which equips the volunteers with the knowledge and skills to work effectively within the Clinic setting. A small 2015 study carried out in the Law School (and later published as part of (3.2)), found that as the advisors’ work with the Clinic progressed, their involvement had a profound effect on them as developing legal professionals. They reported an increased awareness of ethical issues surrounding the practice of law and concerns with concepts of liberty, justice and the impact of law and its practice on individuals, communities and wider society. This reflects the arguments made in the research that work in the LAC serves to produce more ‘rounded’ and ethically autonomous legal professionals. They reported that their contact with clients helped them to develop a holistic view of legal practice, and a desire and willingness to challenge norms in the interests of justice. The Clinic gives them the opportunity to “consider the law ‘in the round’” (5.5).

The experiences of the advisors also serve to advantage them in the competitive job market after graduation, and solicitors’ firms in the area have used the Clinic as a site for recruiting students for work experience. One former student involved with the clinic, who went on to work for a local firm, remarked: “My work with the Clinic while undergoing my legal training provided me with opportunities that may otherwise have been difficult to find. I was offered work experience at a local solicitors’ firm in Huddersfield, which led to being offered a permanent professional role and am now practising full time” (5.6).

Impact on local solicitors

In addition to the advisor-led sessions, the LAC provides drop-in sessions staffed by solicitors from local firms, offering advice on specific areas of law. These drop-ins have taken place for the life of the clinic and have dealt with issues across the full spectrum of law and legal practice. These drop-ins have benefits for the clients, the trainees and the law firms. Clients are able to access specific on-the-spot legal advice on their particular problems from a professional, while trainee professionals accompany the solicitors in the drop-ins and have reflective discussions that further enrich their learning. Many solicitors’ firms hold their own free advice sessions in their practices, but they may not be well attended for the same reasons as people may not wish to access services based on university campuses. Providing sessions at the LAC gives them the opportunity to do this community work. A lawyer from a local firm said: “For Jordans, the Clinic gives us the chance to ‘give back’ to the communities we work in – we can use our expertise to help in a non-traditional way, with people who may not come to us in other circumstances” (5.5). Solicitors also refer to taking pleasure in being able to model legal practice for the ‘next generation, one stating: “I came to the profession through a non-traditional route, using work-based training supplied by the Chartered Institute of Legal Executives, so I understand the value of the experiences students can gain in a setting like the Legal Advice Clinic, and really value the opportunity to be involved as a professional” (5.5). These firms may also gain new paying clients from their contact at the drop-in sessions, meaning an economic benefit alongside the other positive outcomes from their involvement with the clinic. Another solicitor stated: “Importantly, in some cases I can help clients to access Legal Aid support, and I am able to sign them up as clients of my firm where I can provide the legal support they need” (5.6).