Law reform- The Law Commission

Question 1

What do agencies such as the law commission and royal commission do?

Answer 1

-Suggest proposals for reform of the law to the government. (the government would not really have time otherwise)

Question 2

Which act set up the law commission?

Answer 2

-The Law commission act 1965

Question 3

What did the law commission act 1965 set up?

Answer 3

-Permanent group of five legal experts
-chosen from the judiciary, legal profession and legal academics

Question 3

What is the process of the law commission?

Answer 3

-research
-consultation paper.
-Politicians comment
-Final report including a draft bill

Question 4

What is the aim of the law reform?

Answer 4

The law is as simple, modern, fair and cost effective as possible

Question 5

What are the 4 main activities of the law commission?

Answer 5

1- Reform-
2- Codification.
3- Consolidation
4- Repeal- removing obsolete and out of date acts- with a draft bill presented- repealing 3,000 statutes.

Question 6

What happens with reform?

Answer 6

-Refer areas from Lord Chancellor or with their own area chosen providing they have the lord chancellor’s approval.-
-consultation paper with option to reform and then wait for the responses
-proposals and draft bills to the Lord Chancellor.

Question 7

Give one example of where the law commission is considering reform?

Answer 7

-The law regarding search warrants
-Want to make it fairer, safer and more cost effective

Question 8

What is meant by codification?

Answer 8

Collecting together laws on one subject into one set of rules or code

Question 9

2 examples of codification?

Answer 9

-codification of welsh law
-draft criminal code 1985 aimed to reform the criminal law on mass.

Question 10

What is meant by consolidation?

Answer 10

This means gathering together all the existing law on one subject into one stature, making the law easier to find

Question 11

examples of consolidation?

Answer 11

criminal courts sentencing act 2000 consolidated the law on sentencing.

Question 12

How many consolidation bills have been put forward since 1975?

Answer 12

Over 200.

Question 13

How successful has the law commission been?

Answer 13

-current success rate of 27%
-1965-1975 a success rate of 87%
-Lack of willingness for technical legal reforms.

Question 14

What reasons may account for the Law Commission’s lack of success in its attempts to codify the law?

Answer 14

Judges feeling like they would lose decades of guiding case law.

Question 15

-Why is it problematic that many of the Law Commission’s reports go unimplemented

Answer 15

T some areas of law remain outdared and difficult to understand–> “contrary to the rule of law”.-
-lack of reform for the non-fatal OAPA despite inconsistency and deficiencies set out by the law commission in their 2015 report.

Question 16

Repeals?

Answer 16

• removing obsolete and out of date acts- with a draft bill presented
• 19 stature repeals bills since 1965, repealing 3,000 statutes