Law Reform Flashcards
When was the law commission set up
1965 with the Law commissions Act. Full time body with a high court judge as chairman and 4 other law commissioners who are highly qualified lawyers
What are the 4 things law commission is concerned with
Reform codification consolidation and repeal
Who are the actual topic considered for reform usually referred to
Lord chancellor on behalf of the government or law commission my actually seek out and decide topic (pure law) for reform
How does the law commission work
By researching the area of law in need of reform. Then publishes a consultation paper seeking views on possible reform. Paper will describe current law, issues and law reform options
What does the law commission do when responses for the consultation paper have been received
Draw up positive proposals for reform. This will be presented in a report which sets out research led to conclusions. Often be a draft bill attached to report with intention that is this the exact way law should be formed and then go through P
What’s codification
Reviewing all of law on one topic and creating a complete code of law. Specifically referred to by s 3 by LCA 1965 as part of their role. was originally made for codifying family law contract law landlord and tenant laws and law of evidence but now focuses on ‘building blocks’ where they can add more later
Example of codification project
Spent many years drafting criminal code aiming at main general principles of criminal law. Draft Criminal code published 1985, never implemented. 2008 LC said it would focus on smaller areas of code as more likely to be included in law reform
What’s consolidation
Combining the law from several acts of P to one
How many consolidation bills 2006-14
Up to 2006 four or five yearly. By 2006 responsible for 220. Acts. 2006-16 2 produced. (Charities act 2011 and cooperative and community benefit societies act 2014)
Name an example of law fragmented by P
Law consolidated on sentencing (Powers of criminal courts (sentencing) act 2000. Few months changed by criminal justice and courts services act 2000 which renamed some of community penalties and new powers of sentencing
What did the LC announce in their 2015-6 annual report
Work was currently being undertaken in criminal law on important but technical provisions dealing with transitional arrangements in sentencing paving way for consolidation bill to introduce a new sentencing code
What does repeal mean
Act ceases to be law but only P can repeal. Reasons for repeal might be old law that’s not relevant ie 1696 act on rebuilding St. Paul’s
Recent LC reforms
Coroners and jsutice Act 2009 abolishing defence of provocation
Criminal justice and courts act 2015 creating offences of jury misconduct in using internet
Consumer rights act 2015 giving consumers legal right to reject faulty goods
LC success rate
First ten years 85%
Second ten years 50%
Since improved
Overall 65-16: 66%
Advantages of LC
Areas of law researched by legal experts LC consults before finalisation Whole law areas can be considered If P enacts the reform of a whole area then all law in one act ie Land Registration Act 2002, easier to find and understand Reform can simplify and modernise
