5. Law reform

Question 1

Why do we need law reform? (4 outlined reasons)

Answer 1

-Allows for development of the law
-Removes (repeals) out of date statutes
-Consolidation of related acts
-Codification of all law on related topics

Question 2

Outline why law reform allows for development of the law

Answer 2

The law needs to develop to keep up with new technologes and changing social norms. E.g. Police and Criminal Evidence Act 1984

Question 3

Outline why law reform removes out of date statutes

Answer 3

Old Acts which are no longer in use can need to be repealed so the law remains clear and not confusing. E.g. The Larcency Act 1916 was repealed by the Theft Act 1968

Question 4

Outline why law reform consolidates related acts

Answer 4

The aim of consolidation is to draw all the existing provisions together in one Act to make the law more manageable. E.g. Theft Acts 1968 consolidated the law on property offences

Question 5

Outline why law reform codifies all law on related topics

Answer 5

This involves bringing together all the law on one topic into one complete source. This makes the law simpler and easier to find. E.g. Draft Criminal Code 1989

Question 6

What are the first 2 reasons we need an independent law reform body?

Answer 6

-Parliament, the media, pressure groups, the judiciary do not look at the law as a whole; just a small area of it
-The government is focused on political agenda and less interested in “pure law”

Question 7

What are the last 3 reasons we need an independent law reform body?

Answer 7

-Judges can only deal with an area of law which comes before them in a case
-Public opinion can be based on incorrect information and only the more controversial topics will grab interest
-Pressure groups will only be interested with an area of law that affects them directly and again will have little interest in campaigning for more technical areas of law

Question 8

What is the role of the Law Commission?

Answer 8

The Commission considers areas of law which are believed to be in need of reform. The role of the Law Commission is set out in S3 of the Law Commissions Act 1965

Question 9

What are the three steps of the Law Commission?

Answer 9

1. Referred - Areas of law may be referred to the Law Commission by the Lord Chancellor
2. Research - The Law Commission will then research the area of law and publish its findings
3. Response - The Law Commission will then draw up positive proposals for reform of the law in this area following response to their paper

Question 10

What are the three ways law can be reformed?

Answer 10

-Repeal
-Consolidation
-Codification

Question 11

What are properties of codification?

Answer 11

-Bringing together all law on a topic into one place
-Includes both legislation and common law on an area of law
-S3 Law Commission Act 1965, refers to codification as part of Law Commissioners role
-Law Commission announced it was going to codify several areas of law (family, Contract and Law of Evidence)
-Law Commission however gradually abandoned these schemes and instead concentrate on small sections at a time
-Draft Criminal Code 1985 and Full Criminal Code 1989 an attempt to codify all the criminal law but abandoned

Question 12

What are properties of Repeal?

Answer 12

-Lots of old statutes on the book but not enforced
-Law Commission prepares Statute Law Bill for Parliament to pass to remove these
-More than 2,500 Acts repealed through this
-Process can also be used to just repeal certain sections of Acts that out of date
-Tidies law book
-An 1856 Act repealed that allowed imprisoned debtors an early release

Question 13

What are properties of Consolidation?

Answer 13

-the LC produces approx 5 consolidation bills per year
-Consolidation brings existing provisions on one area of law, from several acts into one act
-Tidies law, more accessible
-Before 2000 law on sentencing offenders under 17 was in 10 diff acts, each act had to be consulted
-Sentencing Laws consolidated in Powers of the Criminal Courts Act 2000
-Some Act now altered the 200 Act, like Criminal Justice Act 2003

Question 14

10 influences on law reform what are they

Answer 14

-Pressure groups
-Public opinion
-EU
-Judiciary
-Law Commission
-Royal Commission
-Public Enquiries
-General Public
-World Events
-Trade Unions

Question 15

What are advantages of Law Reform in brief?

Answer 15

-Initial Reports
-Codification and Consolidation
-Recent Reforms
-Quicker implementation

Question 16

What are disadvantages of Law Reform in Brief?

Answer 16

-Reduced Implementation
-Limited Parliamentary Time
-Lack of Codification
-Staffing, Budgetary & Time constraints

Question 17

What is the advantage - Initial Reports

Answer 17

The first 20 law reform programmes became law within two years. The first 100 reports resulted in 70 new acts being passed. Between 1965-1975 more than 85% of proposals were made into law.

Question 18

What is the advantage - Codification and Consolidation

Answer 18

Produces approximately 5 consolidation Bills every year which law more accessible e.g. law on sentencing. The Law Commission has focused on codifying small sections of law which can be added to later to make law consistent and certain.

Question 19

What is the disadvantage - Reduced implementation

Answer 19

The main disadvantage is that the LC has to wait for the government to bring in the reforms it proposes. The government is often slow to enact reforms and some LC reports have not yet been made law. E.g. Non-Fatal Offences report from 1993 which has not yet become law.

Question 20

What is the disadvantage - Limited Parliamentary Time

Answer 20

There is a problem with the amount of time available in Parliament. A lot of time to be given to financial matters such as budget and taxation, health, education and foreign policy, especially at this time of our withdrawal from EU. So only limited time left for “pure law” reform

Question 21

Explain Pressure Groups and Public Opinion

Answer 21

-Pressure Groups influence Parliament and law making because pressure group will campaign and lobby parliament to change laws upon specific issues. Example - The Huntin Act 2004 was also passed in response to a pressure group called League Against Cruel Sports
-When there is strong public opinion about an issue government may bow to opinion. Because government are likely to react so large group of society who want change. True around time of election, government will do as public wants in order to be popular. Public opinion is significant factor on government decision at the time of a major event.

Question 22

Explain EU and the Judiciary

Answer 22

-Our domestic laws must comply with EU as EU law takes priority over domestic law. UK parliament must respond to EU regulations and implement EU directives into the English Legal System. E.g. EU directives on equal gender premiums for car insurance and the Sex Discrimination Act 1986
-Judiciary decisions influence development of law. Can highlight legislation which needs reform to Parliament when it arises in courtrooms. E.g. R v Smith (1961) here law on intention for murder changed in Criminal Justice Act 1967

Question 23

What is Royal Commission and Trade unions?

Answer 23

Royal Commission, individual groups set up on a one-off basis to investigate a specific issue. Made up of people with expertise in area. E.g. The Philips Commission 1981 which investigated into police conduct and lead to creation of PACE 1984
-This is an organisation that works together in order to achieve commons goals relation to employment laws. Trade unions no speak directly to the PM. E.g. National Union of Teachers, unison, etc. Trade Unions influence creation of laws such as Equal Pay Act 1970.