Law Reform

Question 1

What created law commission?

Answer 1

Law Commissions Act 1865

Question 2

The chair of law commission

Answer 2

A high court or appeal court judge, appointed to commission by the Lord Chancellor and Secretary of State justice

Question 3

4 commissioners in law commission

Answer 3

Experienced judges, barristers, solicitors or teachers of law. Appointed by Lord Chancellor and Secretary of State justice

Question 4

Chief executive and personnel in law commission

Answer 4

Chief executive supports commissioners

Personnel- 20 members of the Gov Legal Service, 2 parliamentary counsel, some research assistants

Question 5

Who is within law commission

Answer 5

The chair, the other four commissioners, chief executive & personnel, one or two non-executive board members

Question 6

S3 of the Law Commissions Act 1965 says that Law commission’s duty is to

Answer 6

Review all area of law and make systematic reform by

• codifying the law
• consolidating the law
• repealing the law

Question 7

What is codifying law

Answer 7

Bringing together all the laws on one topic into one complete code
Example: 1985 LC published the first draft criminal code which tied together lots of areas of criminal law.

Question 8

What is consolidating law

Answer 8

Bringing law that covers many cases into one single Act
Example: Draft bill for NFOs in 1998 which has still not been implemented despite second review in 2015
Example: Family Law Act 1996 tied together and modernised disparate law on divorce and domestic violence

Question 9

What is repealing law

Answer 9

Get rid of law that does not need to exist

They have repealed more than 3000 acts

Question 10

How do law commission make reforms

Answer 10

Choosing an issue- Lord chancellor refers a problem on behalf of Gov or LC may suggest and seek Lord’s approval

Research- LC look at cases, statutes and academic articles to understand the current state of the law

Consultation- LC publish consultation paper. Description of law, explain problems and suggest options for reform
(People then respond)

Report- based on responses LC make a proposal for reform. Report which explains research and consultation and usually contains a draft Bill that lays out exact way new law should be formed

Question 11

Success rate

Answer 11

80% of reports implemented in LCs first 10 years
50% in second 10 years
2009: Law Commissions Act 2009 amendment so Lord Chancellor must report to Parliament once a year to follow up on reports and get reasons why implementation has not happened
2010: a special parliamentary procedure to implement LC reports so long as they aren’t ‘controversial’

Question 12

Advantages on LC as influence on P- experts

Answer 12

Commissioners are legal experts from a variety of legal backgrounds (crime, public law, commercial). This means they can analyse law from many different angles/perspectives with great understating. An example- Sarah Green who is a law commissioner for commercial and common law. She was a professor of
Private law at uni of bristol and professor at oxford. This is good because the suggestions they make should be effective and result in better laws

Question 13

Advantages of LC as an influence on P- consultation

Answer 13

A great deal of consultation is used. The LC will ask those involved in the area of law they are reviewing their opinions on the problems and any possible reforms. For instance, when reviewing Fatal Offences, the LC consulted the public, criminal justice practitioners, academics as well as using evidence from law in other countries. This is good because the recommendations they make to P should be able to work effectively in practice and will be liked by the people it affects

Question 14

Advantages on LC as an influence on parliament- independence

Answer 14

LC are independent from P and are not paid by Gov and can choose areas of law to review. This is good because LC will be impartial and honest about any problems rather than having conflict of interest of critiquing the people they’re employed by

Question 15

Advantages of LC as an influence on parliament- can make widespread reform

Answer 15

This is because the LC can suggest reforms for entire areas of law at once. For example, the draft Criminal Code was a proposal that would clarify a great deal of Criminal law at once, rather than just fixing individual problems. This is good because it can both save time for Parliament and make the law more cohesive and consistent by being reformed all at once

Question 16

Disadvantages of LC as an influence on Parliament- not always listened to

Answer 16

This is because Parliament may not want to make those changes to the things LC choose to review. (Ie Land Law won’t get many votes so P won’t be fussed about LC reporting on it). Evidence of this is in 2016, the LC only had 66% implementation rate in these proposals. This suggests the LC is not very effective influence on p

Question 17

Disadvantages of LC as an influence on parliament- focuses on substantive law

Answer 17

P much more concerned about procedural law and issues such as finance and brexit, meaning LCs work on substansive law is unlikely to be considered important. For example, LC has made many reports on fixing NFOs but p still haven’t made changes to this area. LCs focus on substansive is a weakness

Question 18

Disadvantages of LC as an influence on parliament- poor implementation

Answer 18

They are often not done well. May be because p does not agree with LCs ideas or simply does not understand them. For instance, when p reformed loss of control, they ignored many suggestions given by LC on how to do it. Suggests LCs work isn’t used as a good influence

Question 19

Disadvantages of LC as an influence on parliament- reform can be made without LC

Answer 19

P do not have to consult the LC before changing law as it’s not necessary. For instance, when p changed attempted crime (Criminal Attempts Act 1981). They did not ask for LCs advice on how to do it. This means LC are not essential to law making

Question 20

Explain purpose of LC (8)

What they do

Answer 20

• how set up (LCs Act 1965) ‘reviewing and reforming’
  -S3 must review all areas of law to make systematic reform by C, C & R
• Codyfing
  Wanted to bring criminal law into 1 code, 1985 draft criminal code no Gov ever implemented (tend to work on smaller areas) NFOs
• consolidating NFOs in common low and OAPA, draft bill NFOs not implemented despite second review 2015 (more successful family law act 1996)
• repeal has been more successful (19 repeal acts repealing more than 3000 Acts)

Question 21

How LC propose reform (8)

Process how implemented

Answer 21

Set up LCs Act 1965 ‘reviewing and reforming’ through C, C & R
1. Select issue
Area of law referenced to LC by Lord Chancellor (behalf of Gov) or LC choose if seek Gov approval
Usually work on substantive (crime,tort)
2. Conduct research
Look at cases, statute, academic article
3. Publish consultation paper
Description of current law, explain problems, suggest reform (often show other countries)
- experts/people involved in that area respond
4. Make proposal for reform (based on responses)
Explain research, consultation & draft Bill showing how law should be formed

LC act 1985 amended 2009 (Lord Chancellor must report yearly to give reason why not implemented)
Since 2010 special parliamentary procedure to implement ‘uncontroversial’ law reform (6 Acts through this)

Question 22

Who LC are (8)

Answer 22

Set up 1965 review and reform C, C & R
- Chair
HC/Appeal court judge appointed to commission by Lord Chancellor & Secretary of State for justice for up to 3 years
- other 4 commissioners
Experienced judges, solicitors, teachers with wide range experience (criminal, commercial)
Appointed by LC/Secretary up to 5 years (can be extended)
- supported by Chief executive and up to 20 members of Gov Legal Service, 2 Parliamentary Counsel & research assistants
- up to 2 non executive board members
Provide support, independent challenge and expertise on issues of Governance and strategic management

Question 23

Who makes up LC (list)

Answer 23

Chair, other 4 commissioners, chief executive, 20 members Gov Legal Service, 2 parliamentary counsel, research assisstants, up to 2 non-executive board members