Law Commission

Question 1

Describe the membership of the Law Commission, including the relevent legislation.

Answer 1

The LC consists of 5 legal experts from the judiciary, legal profession or law teachers. Research in the law may be assisted by two law grduates.
Membership outlined in the Law Commsion Act 1965.

Question 2

How long is the tenure of LC members?

Answer 2

Members are appointed for 5 years, the Chair is appointed for 3 years.

Question 3

What is the role of the Law commssion, as described by the 1965 Law Commsion Act?

Answer 3

The role of the LC is to; ‘Identify areas where reform is neccessary, codify the law, repeal obsolete laws, consolidate & modernise’ according to section 3 of the Law Commssion Act 1965.

Question 4

Give an example of when the LC has successfully reformed the law.

Answer 4

Permissable answers:

• Fraud Act 2006
• Coroners and Justice Act 2009 - reformed the defences to murder by adding diminished responsibility and loss of control.
• Family Law Act 1996 - reformed the law on domestic violence.

Question 5

Give an example of when the LC repealed obsolete laws.

Answer 5

The Statute Law (Repeals) Act 1998 repealed over 150 outdated Acts of Parliament.

Question 6

Give an example of a consolidation bill produced by the LC.

Answer 6

• Powers of the Criminal Courts (Sentencing) Act 2000 consolidated sentencing provisions.
• Justice of Peace Act 1997 consolidated the role of magistrates.

Question 7

Give an advantage of the Law Commission.

Answer 7

• Between 1965 and 1975, 85% of proposals were successful

- LC are systematic, expert, non political and proficient

Question 8

Give a disadvantage of the Law Commission.

Answer 8

• In 1990, 0% of proposals were successful.
• lack of parliamentary time, political interest and resources.
• Offences Against the Person Report proposed reform to the non-fatal offences but it wasnt implemented.