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AS Law LA2 > Law Reform > Flashcards

Law Reform Flashcards

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1
Q

Why does the law need to be reformed?

A

So it adapts to the changing needs of S

- needs to develop in an organised way

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2
Q

There are many influences on Parliament and pressures to change the law
Name 5 and give example of how they have changed the law

A
  1. Political changes - Manifesto
  2. Social changes - paternity leave
  3. Pressure from the EU
  4. Judge’s role in precedent - R v R (1991) HL
  5. Public opinion + media pressure - reducing age of consent for homosexuals to 16
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3
Q

What are the 4 law reform bodies?

A
  1. Law Commission
  2. Royal Commission
  3. Criminal Law Revision Committee
  4. law Reform Committee
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4
Q

What is the main law reform body?

A

The Law Commission

- it’s a full time body

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5
Q

What act established the LC?

A

Law Commission Act 1965

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6
Q

What is the composition of the Law Commission?

A

5 people:
1 Chairman (high court judge)
2 legal practitioners
2 academic lawyers

Also supported by civil service staff + parliamentary draftsmen

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7
Q

How long does the chairman sit for in the Law Commission?

A

3 year term

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8
Q

What are the 6 roles of the Law Commission?

What Act sets these out?

A

Set out in s3 Law Commission Act 1965

  1. Reviews all areas of law believed need reforming
  2. Codification
  3. Consolidation
  4. Elimination of anomalies
  5. Repeal obsolete +/or unnecessary Acts
  6. Reduction of separate enactments
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9
Q

What Act sets out the role of the Law Commission?

A

s3 Law Commission Act 1965

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10
Q

What is codification?

A

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)

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11
Q

What is consolidation?

A

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

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12
Q

How is the law usually made and reformed?

A

Made by P through usual legislative process

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13
Q

After the initial changed to the law on sentencing by the Criminal Justice and Court Services Act 2000, what act changed these aw again?

A

CJA 2003

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14
Q

How long do statutes last for?

A

Until they’re formally ‘killed off’

repealing obsolete and or unnecessary Acts

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15
Q

Who decides to abolish statutes?

A

Law Commission

Decides that law in particular area = outdated/ no longer relevant, therefore decides to abolish it

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16
Q

How does the Law Commission abolish statues?

A

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

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17
Q

How many whole Acts did the Statue Law Repeals Act 1995 repeal?

A

223

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18
Q

How many parts of different Acts did the Statue Law Repeals Act 1995 make redundant?

A

259

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19
Q

Who may ask for an area of law to be reviewed?

A

Lord Chancellor

20
Q

How does the Law Commission work?

6 stages

A
  1. Commission prepares working paper, sent to interested parties
  2. Comments = considered + report = prepared
  3. Debated by whole Commission
  4. Draftsmen asked to prepare a Bill
  5. Bill, statement of current law + comments = presented to Lord Chancellor
  6. G then makes decision over whether = prepared to promote Bill through P
21
Q

Why was the Royal Commission set up?

A

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

22
Q

Who is the Royal Commission led by?

A

Often led by judges

23
Q

Give an example of a Royal Commission

A

The Phillips Commission 1981

- led to PACE 1984

24
Q

Give 2 advantages of the Royal Commission

A
  1. More time + ££ spent on them

2. Non lawyers are also included

25
Q

Give a disadvantage of the Royal Commission

A

= disbanded after research = completed

= no follow up groups + they tend to reach a compromise solution

26
Q

When was the Law Reform Committee created?

A

1952

27
Q

What is the Law Reform Committee?

A

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

28
Q

What is the composition of the Law Reform Committee?

A

Made up of:

  • Judges
  • Solicitors
  • Barristers
  • Academic lawyers
29
Q

When was the Criminal Law Revision Committee established?

A

1957

30
Q

What is the Criminal Law Revision Committee?

A 
Part time body
Recommends changes in criminal law
Reports to home secretary
Produces 1 report annually
Hasn't me since 1985
31
Q

Who does the Criminal Law Revision Committee report to?

A

Home Secretary
Produces 1 report annually
Hasn’t met since 1985

32
Q

Give an example of a success from the Criminal Law Revision Committee

A

Theft Act 1968 and 1978

33
Q

How likely are the recommendations from the Criminal Law Revision Committee likely to become law?

A

Many smaller recommendations have become law

BUT major ones haven’t due to lack of parliamentary time

34
Q

Has the Law Reform achieved its aim of codification?

A

No
BUT has been successful in dealing with some smaller areas of law
e.g. Criminal Attempts Act 1981

35
Q

What were the LC initial success rates?

A

Initially very high
1st 20 law reform programmes = enacted within an average of 2 years
e.g. Criminal Attempts Act 1981

36
Q

What was the LC success rate in its first 10 years? (%)

A

85% of proposals were enacted

Only 50% in 10 years after this
- due to lack of parliamentary time + interest in technical law reform

37
Q

What year had the lowest success rate of the LC?

How was this addresses?

A

1990 - none of its reforms = enacted

Adressed by a special procedure called Jellicoe Procedure introduced in 1994

38
Q

Why was the Jellicoe Procedure 1994 introduced?

What does it allow o happen?

A

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

39
Q

Give 2 examples of recent proposals by the LC enacted by P

A
  1. Fraud Act 2006 (reformed law on fraud + deception offences)
  2. Coroners + Justice Act 2009 (reformed law on VMS)
40
Q

What is the biggest unresolved problem by the LC?

A

Reforming the criminal law

- slower than other areas to reform

41
Q

What did the LC produce in 1985?

What happened to this proposal?

A

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

42
Q

When did the LC abandon the idea of having a complete criminal code?

A

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

43
Q

Is P quick to enact the suggested reforms?

A

No = very slow

Despite the LC being set up by P

44
Q

Overall, how many of the LC proposals become law?

A

More than 2/3rds

BUT a NO. of reports await G action
Partly due to limited parliamentary time + commitment

45
Q

What does the LCs effectiveness depend on?

A

How willing G + P are prepared to find time to enact reforms

46
Q

What is used to introduce reforms when there is insufficient time?

A

Private Members Bills

47
Q

Why did the law commission abandon big schemes in codification?

A

To concentrate on small sections of law that can be added to later

AS Law LA2 (8 decks)

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