law reform

Question 1

law commission

Answer 1

• set up in 1965 by the law commissions act 1965
• consists of a chairman (full time high court judge) and four other highly qualified lawyers

Question 2

s3 LCA

Answer 2

• requires commissioners to “keep under review of all the law with which they are concerned with a view to its systematic development and reform

key requirements:
- systematic development and reform
- codification
- consolidation
- repeal

Question 3

codification

Answer 3

• LC reviews the current law and creates a code which sets out the law in that area in a codified manner
• code will include existing law (common and statutory) and create new laws
• advantage: creates certainty and ensures that all law is simpler and easier to find

Question 3

development and reform

Answer 3

• commission may choose areas in need of reform (gov approval first)
• lord chancellor may ask the LC to look into specific areas of law
• LC produces a consultation paper which explains the law and examines options for reform
• up to the government whether they push the bill through parliament

Question 4

consolidation

Answer 4

• brings together existing acts into one new piece of legislation
• law isn’t actually changed but becomes more accessible
• LC produced about 5 or 6 consolidation acts a year up to 2006, only 2 were produced between 2006 and 2016
• sometimes brings pieces of legislation together, only to find that parliament makes a whole new act on the same topic (e.g the criminal courts sentencing act 2000: consolidated existing law on sentencing but was changed that year by the criminal justice and courts services act 2000)

Question 5

repeal

Answer 5

• removes legislation that is no longer relevant
• old legislation removed to ensure that the law remains streamlined and efficient
• LC has produced over 300 reports (85% in its first 10 years)