Law Reform (SA P2)

Question 1

Political (Government Policy)

Answer 1

• When gov formed, will have manifesto (programme of reforms it wishes to carry out) to persuade people to vote for them
• At start of each parliamentary session, gov announces in King’s Speech what particular law it intends introducing during that session

Question 2

E.g. Political (Government Policy)

Answer 2

The Human Rights act 1998 fulfilled a Labour manifesto commitment to incorporate the European Convention on Human Rights into UK law

Question 3

What year was the Human Rights Act?

Answer 3

1998

Question 4

Public Opinion and the Media

Answer 4

-Where there is string public opinion about a change to the law, gov may bow to opinion
-Often expressed via media on TV, newspapers, internet etc
- Media can add to weight of public opinion by offering free press and increasing public awareness
-Gov keen to be seen to respond to the electorate especially if gen elec is due

Question 5

E.g Public Opinion and the Media

Answer 5

-Voyeurism Act 2019 made up skirting a specific offence as a result of a high profile case in the media which caused public outrage
-Dangerous Dogs Act 1991 was made in response to multiple news stories reporting fatal dog attacks on young children (doesn’t really work, opinion based)

Question 6

When was the Voyeurism Act?

Answer 6

2019

Question 7

When was the Dangerous Dogs Act?

Answer 7

1991

Question 8

Pressure Groups and Lobbyists

Answer 8

-PG: organisation formed to bring their issues to attention of the public and gov
-Lobbyists: individual/ organisation that tries to persuade their MP
-May seek to exert influence by: lobbying, direct action (e.g. strikes, demonstrations), petitions, media and advertising to attract public sympathy

Question 9

E.g Pressure Groups and Lobbyists

Answer 9

-Stonewall’s campaign for LGBT rights led to repeal of s.28 Local Government Act 1988 which previously banned promotion of LGBT relationships in schools
-Campaign by the League Against Cruel Sports led to a ban on fox hunting in the Hunting Act 2004

Question 10

When was the Local Government Act?

Answer 10

1988

Question 11

When was the Hunting Act?

Answer 11

2004

Question 12

Public Inquiries and Emergency Situations

Answer 12

-PI investigate issues of serious public concern, scrutinising past decisions and events
-Commissioned by the gov and investigated by an independent panel
-ES may also influence parliament to act by passing legislation

Question 13

E.g Public Inquiry

Answer 13

The Cullen inquiry investigating the Dunblane School shooting resulted in Firearms (Amendment) Act 1997 that banned handguns in the UK

Question 14

E.g Emergency situations

Answer 14

Coronavirus Act 2020 enabled gov to impose national lockdown to prevent further spread of Coronavirus

Question 15

When was the Firearms (Amendment) Act?

Answer 15

1997

Question 16

When was the Coronavirus Act?

Answer 16

2020

Question 17

When was the Law Commissions Act?

Answer 17

1965

Question 18

What is the Law Commission?

Answer 18

• Systematically keep all English law under review and recommend reform where needed
• Independent body created by the Law Commissions Act 1965
• Ensures law is fair, modern, simple and cost effective
• Proposes new laws

Question 19

What does the Law Commission Consist of?

Answer 19

• Chair (High Court or Appeal Court judge)
• Four other commissioners (experienced judges, barristers, solicitors or academics)
• Appointed by Lord Chancellor as Secretary of State for Justice for up to 5 years (may be extended)
• Support staff to assist with research

Question 20

What is Consolidation? (LC)

Answer 20

• Drawing together law contained in several acts of parliament into one act of parliament
• Needed because in some areas of law there are a number of statutes, each of which sets out a small part of the total law
• Enables law to be coherent and accessible

Question 21

e.g. Consolidation (LC)

Answer 21

Sentencing Act 2020 brought together 65 different Acts of Parliament into one single ‘Sentencing Code’

Question 22

What is Repeal? (LC)

Answer 22

• Removing outdated or obsolete acts of parliament
• Only parliament can repeal an act but the LC can advice about which acts should be repealed

Question 23

e.g. repeal

Answer 23

• Statute of Marlborough 1267
• In its 2015 Statute Law (Repeals) Report, LC proposed the repeal of over 200 outdated acts

Question 24

What is Codification? (LS)

Answer 24

Brings together all the law on one topic (statute and case law) into one complete code of law to make the law simpler and easier to find

Question 25

e.g. codification

Answer 25

• 1985 LC published draft criminal code that included all the main general principles of criminal law
• Never been implemented and LC stated in 2008 that in future it would concentrate on smaller areas as there is
  more chance gov will adopt their recommendations

Question 26

Recent successes of the LC

Answer 26

• Divorce, Dissolution and Separation Act 2020 (remove concept of fault and reduce conflict between couples)
• Consumer Rights Act 2015 (legal right to reject faulty goods and to get a refund)
• Coroners and Justice Act 2009 (abolished defence to murder of provocation and replaced it with defence of loss of control)

Question 27

How the Law Commission Works (RRCP)

Answer 27

1) Topics may be referred by Lord Chancellor on behalf of government or LC may itself select areas in need of reform
2) LC researches areas of law to identify problems. May approach specialists in the area/ look at how other legal systems deal with similar problems
3) Consultation paper published seeking views of possible ideas for reform. Gives argument for and against possible solutions. Circulated widely to all interested parties
4) LC analyses responses to consultation, report is presented giving final recommendations and proposals for reform. Often a bill attached to the report