Law Reform Flashcards
Name 2 pressures for change.
Scientific and technological changes e.g. Data Protection Act 1998, Response to specific problems e.g. Dangerous Dogs Act 1991,
Name 2 more pressures for change
Pressure groups/lobbyists e.g. Justice 4 Fathers, Amnesty International etc…, Public opinion and media coverage e.g. Gurkha Justice Campaign.
Name the 4 law reform bodies.
Law commission, royal commission, Criminal Law Revision Committee, Law Reform Committee.
What Act created the Law Commission?
The Law Commission Act 1965.
What is the composition of the Law Commission?
5 people, The chairman who is a High Court judge, 2 legal practitioners and 2 academic lawyers.
Where is the role of the Law Commission set out?
S.3 Law Commission Act 1965.
What is the role of the Law Commission?
Reviews all areas of the law that are believed to need reform. It codifies the law and consolidates several acts into one act. It will also repeal obsolete or unnecessary acts.
Give an example of codification of the law.
Police and Criminal Evidence Act 1984.
What is the first step the law commission takes?
It prepares a working paper and sends it to interested parties.
What is the second step the law commission takes?
Comments are considered and debated and a bill will be prepared.
What is the third step the law commission takes?
The Bill is then presented to the Lord Chancellor.
What is the fourthstep the law commission takes?
The government makes a decision over whether it is prepared to promote the bill through parliament.
Give an example of consolidation of the law.
sentencing powers were consolidated in the Powers of Criminal Courts (Sentencing) Act 2000. They were updated three years later in the Criminal Justice Act 2003.
What does it mean to consolidate the law?
To bring together all existing laws from several Acts into one Act.
What does it mean to codify the law?
To bring together all existing law from a variety of sources into one Act.
