law reform

Question 1

What is meant by law reform?

Answer 1

When we change law to make it better

Question 2

Why do we need to reform the law? (3 Points)

Answer 2

• The law may be outdated
• The law may be unclear
• There may be people calling for change

Question 3

What things/groups/people can influence law making and reform?

Answer 3

Political - The government of the day may want to change an area of law
Public/Media - There may be public outcry about an area of law that needs to be reviewed
Pressure Groups - Particular groups/causes that may be pushing for a change in law

Question 4

What created the Law Commission?

Answer 4

Law Commission Act 1965

Question 5

Who are the Law Commission?

Answer 5

The Chair, The other four commissioners, Chief Executive + personnel, One or Two Non-Executive Board members

Question 6

Who is the Chair?

Answer 6

The Chair is either a High Court or an Appeal Court Judge, appointed to the Law Commission by the Lord Chancellor and Secretary of State for Justice for up to 3 years.

Question 7

Who are the other four commissioners?

Answer 7

The other four commissioners are experienced Judges, barristers, solicitors or teachers of law. They are appointed by the Lord Chancellor and Secretary of State for Justice for up to three years, although their appointments may be extended.

Question 8

Who is the Chief executive + personnel?

Answer 8

The commissioners are supported by a Chief executive and about 20 member of the Government Legal Service. two Parliamentary Counsel, and a number of research assistants.

Question 9

Who are the One or Two Non-Executive Board members?

Answer 9

Non executive board members who would provide support, independent challenge and expertise on issues of governance and strategic management.

Question 10

Which act states what the duty of the law Commission is?

Answer 10

S3 of the Law Commissions Act 1965

Question 11

S3 of the Law Commissions Act 1965 says that the Law Commission’s duty is to:

Answer 11

Review all area of the law to make systematic reform by:

• Codifying the law
• Consolidating the law
• Repealing the law

Question 12

What is meant by codifying the law?

Answer 12

Bringing together all the laws on one topic into a complete code.

Question 13

Give an example of how the LC have tried to codify an area of law:

Answer 13

in 1985, the Law Commission published the first draft criminal code which tied together lots of areas of criminal law. No Government has ever implemented the full code and the LC tend to work on smaller areas of the law so that the Government may be more willing to adopt changes.

Question 14

What is meant by consolidating the law?

Answer 14

This means bringing a law that is spread across many cases and statutes into one single Act.

Question 15

Give two examples of how the LC have tried to consolidate an area of law:

Answer 15

• Draft Bill for NFO’s in 1998 which still has not been implemented despite a second review in 2015
• The LC were more successful when it came to the Family law Act 1996 which tied together and modernised disparate law on divorce and domestic violence.

Question 16

What is meant by repealing a law?

Answer 16

To repeal means to get rid of something. So in law, this means getting rid of law that does not need to exist.

Question 17

How Successful have the Law Commission been at getting repeals implemented?

Answer 17

The LC have been more successful in this regard. There have been nineteen Statute Law (Repeal) Acts as a result of the LC - repealing more than 3,000 Acts in their entirety.

Question 18

How do the LC make reforms?

Answer 18

Choose an issue
Research
Consultation
Final report

Question 19

Explain Choosing an issue:

Answer 19

An area of law is either referred to the LC by the Lord Chancellor on behalf of the Government
or the LC may choose a topic themselves and seek Gov approval.
It usually works on substantive area of law (eg. crime, tort, family etc.)

Question 20

Explain research:

Answer 20

The Law Commission look at cases, statutes and academic articles to understand the current state of the law.

Question 21

Explain Consultation:

Answer 21

After Research, the LC publish a consultation paper. This will contain a description of the current law, explain the problems and suggest options for reforms (often explaining how law in other countries have handled the problems). People then respond to this paper with their views.

Question 22

Explain Report:

Answer 22

Based on the responses, the LC then make a proposal for reform. This will be in a report which explains the research and consultation and usually contains a draft Bill that lays out the exact way the new law should be formed.
Parliament would then need to actually pass this Bill for it to be a real law.

Question 23

Success of the LC?

Answer 23

First ten years: 80% of recommendations implemented
Second ten years: 50 %
1990: 0%.

Question 24

Overall Success of the LC?

Answer 24

In 2016, the LC were at a 66% implementation success rate overall (1965 - 2016).

Some of its biggest implementations are the Coroners and Justice Act 2009 (provocation changed to LoC), the Consumer Rights Act 2015 (customers right to reject faulty goods and get a refund), and Criminal Justice and Courts Act 2015 (internet research etc)