Law Reform Flashcards
Why does the law need to be reformed?
So it adapts to the changing needs of S
- needs to develop in an organised way
There are many influences on Parliament and pressures to change the law
Name 5 and give example of how they have changed the law
- Political changes - Manifesto
- Social changes - paternity leave
- Pressure from the EU
- Judge’s role in precedent - R v R (1991) HL
- Public opinion + media pressure - reducing age of consent for homosexuals to 16
What are the 4 law reform bodies?
- Law Commission
- Royal Commission
- Criminal Law Revision Committee
- law Reform Committee
What is the main law reform body?
The Law Commission
- it’s a full time body
What act established the LC?
Law Commission Act 1965
What is the composition of the Law Commission?
5 people:
1 Chairman (high court judge)
2 legal practitioners
2 academic lawyers
Also supported by civil service staff + parliamentary draftsmen
How long does the chairman sit for in the Law Commission?
3 year term
What are the 6 roles of the Law Commission?
What Act sets these out?
Set out in s3 Law Commission Act 1965
- Reviews all areas of law believed need reforming
- Codification
- Consolidation
- Elimination of anomalies
- Repeal obsolete +/or unnecessary Acts
- Reduction of separate enactments
What Act sets out the role of the Law Commission?
s3 Law Commission Act 1965
What is codification?
Bringing together all the law on a topic from a variety of sources into 1 source of law
e.g. Police And Criminal Evidence Act 1984 (PACE)
What is consolidation?
Similar to codification
Brings together all existing laws from several acts into 1 Act with no new provisions
e.g. law on sentencing was consolidated in the Powers of Criminal Courts (Sentencing) Act 2000
= changed by Criminal Justice and Court Services Act 2000 (renamed some community penalties)
Much sentencing laws has been changed again by CJA 2003
How is the law usually made and reformed?
Made by P through usual legislative process
After the initial changed to the law on sentencing by the Criminal Justice and Court Services Act 2000, what act changed these aw again?
CJA 2003
How long do statutes last for?
Until they’re formally ‘killed off’
repealing obsolete and or unnecessary Acts
Who decides to abolish statutes?
Law Commission
Decides that law in particular area = outdated/ no longer relevant, therefore decides to abolish it
How does the Law Commission abolish statues?
Prepares Statute Law (repeals) Bill for P to pass
e.g. Statue Law Repeals Act 1995 repealed 223 whole Acts and made 259 other parts redundant
Process tidies up statue books
How many whole Acts did the Statue Law Repeals Act 1995 repeal?
223
How many parts of different Acts did the Statue Law Repeals Act 1995 make redundant?
259
Who may ask for an area of law to be reviewed?
Lord Chancellor
How does the Law Commission work?
6 stages
- Commission prepares working paper, sent to interested parties
- Comments = considered + report = prepared
- Debated by whole Commission
- Draftsmen asked to prepare a Bill
- Bill, statement of current law + comments = presented to Lord Chancellor
- G then makes decision over whether = prepared to promote Bill through P
Why was the Royal Commission set up?
To investigate + repot on a particular area of law/ legal system
Given resources + team of civil servants
Have very wide terms of reference + funding
They disband once finished
Who is the Royal Commission led by?
Often led by judges
Give an example of a Royal Commission
The Phillips Commission 1981
- led to PACE 1984
Give 2 advantages of the Royal Commission
- More time + ££ spent on them
2. Non lawyers are also included
Give a disadvantage of the Royal Commission
= disbanded after research = completed
= no follow up groups + they tend to reach a compromise solution
When was the Law Reform Committee created?
1952
What is the Law Reform Committee?
Body that sits part time
Reviews small areas of civil law
Often narrow + technical points which = referred to it by G
e.g. Misrepresentation Act 1967
What is the composition of the Law Reform Committee?
Made up of:
- Judges
- Solicitors
- Barristers
- Academic lawyers
When was the Criminal Law Revision Committee established?
1957
What is the Criminal Law Revision Committee?
Part time body Recommends changes in criminal law Reports to home secretary Produces 1 report annually Hasn't me since 1985
Who does the Criminal Law Revision Committee report to?
Home Secretary
Produces 1 report annually
Hasn’t met since 1985
Give an example of a success from the Criminal Law Revision Committee
Theft Act 1968 and 1978
How likely are the recommendations from the Criminal Law Revision Committee likely to become law?
Many smaller recommendations have become law
BUT major ones haven’t due to lack of parliamentary time
Has the Law Reform achieved its aim of codification?
No
BUT has been successful in dealing with some smaller areas of law
e.g. Criminal Attempts Act 1981
What were the LC initial success rates?
Initially very high
1st 20 law reform programmes = enacted within an average of 2 years
e.g. Criminal Attempts Act 1981
What was the LC success rate in its first 10 years? (%)
85% of proposals were enacted
Only 50% in 10 years after this
- due to lack of parliamentary time + interest in technical law reform
What year had the lowest success rate of the LC?
How was this addresses?
1990 - none of its reforms = enacted
Adressed by a special procedure called Jellicoe Procedure introduced in 1994
Why was the Jellicoe Procedure 1994 introduced?
What does it allow o happen?
Speed up introduction of new reforms
Allows uncontroversial leg to be introduced directly into HL
In its 1st 13 months, 13 reports became law
BUT procedure hasn’t been used recently
Give 2 examples of recent proposals by the LC enacted by P
- Fraud Act 2006 (reformed law on fraud + deception offences)
- Coroners + Justice Act 2009 (reformed law on VMS)
What is the biggest unresolved problem by the LC?
Reforming the criminal law
- slower than other areas to reform
What did the LC produce in 1985?
What happened to this proposal?
Draft criminal code - hoped to cover many area of criminal law
Liad before P but never considered
LC abandoned idea of having complete criminal code in 2008
When did the LC abandon the idea of having a complete criminal code?
2008
÷ criminal law into manageable sections + produced dart Bills on different accepts of criminal law
Some have become law
e.g Coroners + justice Act 2009
Is P quick to enact the suggested reforms?
No = very slow
Despite the LC being set up by P
Overall, how many of the LC proposals become law?
More than 2/3rds
BUT a NO. of reports await G action
Partly due to limited parliamentary time + commitment
What does the LCs effectiveness depend on?
How willing G + P are prepared to find time to enact reforms
What is used to introduce reforms when there is insufficient time?
Private Members Bills
Why did the law commission abandon big schemes in codification?
To concentrate on small sections of law that can be added to later
