law reform

Question 1

Law commission - general

Answer 1

Set up in 1965 and is a full time body

Role - Section 3 Law Commission Act 2009 - “systematic development and reform” and “keep under review all the law”

Who are they? - Chairman (High Court Judge) and four other Commissioners (judges, lawyers/academics)

How do they do it?
- Lord Chancellor refers topics and LC chooses topics itself - focuses on “pure law” or “technical law reform”
- Researches area of law and publishes a consultation paper - sets out current law, problems and options for reform
- Produces proposals for reform in a report - often includes a draft bill
- Presented to the government

Question 2

Law commission - functions x3

Answer 2

Codification - bringing together all of the law on one topic into one complete code of law - makes law simpler and easier to find. E.g. Draft Criminal Code 1985 & 1985 - huge failure. Now focuses on smaller areas

Consolidation - drawing all existing laws on a topic into one Act e.g. Family Law Act. Fraud Act 2006

Repeal - identifying and removing old Acts which are no longer used. By 2015 - have been 19 Statute Law (Repeals) Acts - over 3000 different Acts of Parliament repealed

Question 3

Law commission - successes and failures

Answer 3

Law com have created over 300 reports since 1965

In first 10 years - 85% of it’s proposal were enacted by Parliament

By March 2016 - Gov had enacted 66% of law reform reports

Successes - Consumer Rights Act 2015, Corporate Manslaughter and Corporate Homicide Act 2007, Fraud Act 2006

Failures - Draft Criminal Code 1985 & 1989

Question 4

Other law reform bodies

Answer 4

Royal Commissions - temporary committees set up to investigate and report on a specific area of law. Since 2000 there have not been any. Philips Commission led to Police and Criminal Evidence Act 1984 (PACE) - sets out most police powers and limits

Criminal Law Revision Committee - has not operated for decades. Reviewed the law of theft and this led to the Theft Act being passed by Parliament.

Civil servants - reform the law through delegated legislation and drafting primary legislation for Ministers