Topic 5: Law Reform

Question 1

Why do we need law reform?

Answer 1

Allows for development of the law

Consolidation of related acts

Codification of all law on related topics

Repeal out of date statutes

Question 2

What happened in 1616?

Answer 2

Lord Chancellors started calling for the appointment of Law Commisioners to revise the law

Question 3

What happened in the 19th century?

Answer 3

Reform of some statutes which codified parts of the criminal law, the common law and specialised areas of comtract law

Question 4

What happened in the 20th century?

Answer 4

Calls for an institution to be set up with responsibility for law reform lead to the creation of the Law Revision Comittee in 1934

Question 5

When was there no permanent law reforming body?

Answer 5

1945-1952

Question 6

What happened in 1965?

Answer 6

The law commission was set up

Question 7

What is the composition of the Law Commission?

Answer 7

A chairman - HC/APP judge

4 other commissioners - experienced judges, solicitors or Barristers

All appointed by the Lord Chancellor

Appointed for 5 years & it’s full time work

Also support staff and 2 Parliamentary Draftsmen

Question 8

What is the role of the Law Commission?

Answer 8

Considers areas of law that need to be reformed.

Role is set out in ‘s3 Law Commissions Act 1965’

Question 9

How does the reform work? (3 R’s)

Answer 9

REFERRED- Referred by the Lord Chancellor in behalf of the Gov. may select areas and ask Gov’s approval.

RESEARCH- They’ll look at the area of reform and publish its findings, they’ll create a consultation paper. Enclosing: the current law, the problems, options for reform.

RESPONSE- they’ll then draw up positive response proposals for reform following the RESPONSE to their consultation paper. These are presented in a final report and go through the stages of passing a bill in both houses (GREEN WINGED DRAGONS)

Question 10

What is codification with an example?

Answer 10

Bringing together all Law on one topic into one source. This could include legislation and common law. This is under the official role of the commissioner in ‘s3 Law Commission Act 1965’.

Eg. The Draft Criminal Code 1989 (was abandoned)

Question 11

What is repeal?

Answer 11

Can be used to remove out of date sections and whole acts of parliament. Tidied up statutes, easier to find and more accessible. So far, 2,500 acts have been repealed.

Question 12

What is consolidation with an example?

Answer 12

It’s used to bring existing provisions into one area of the law. Tidying up the Law, making it more accessible and easier to find.

Eg. Criminal Justice Act 2003

Question 13

Example of an implemented law?

Answer 13

The Corporate Manslaughter and Homicide Act 2007

Question 14

Advantages of the Law Commission?

Answer 14

Recent reforms

Quicker implementation

Codification and consolidation

Initial reports

Question 15

Disadvantages of the Law Commission?

Answer 15

Limited Parliamentary Time

Reduced Implementation (eg. Non-fatal offences report from 1993 which hasn’t become law yet)!

Staffing, budgeting and time constraints

Lack of codification

Question 16

What is the Royal Commission?

Answer 16

A temporary committee which investigates a report on a particular area of the law on a one-off basis. After it’s happened it’s disbanded.

Question 17

What’s an example of a law passed by the Royal Commission?

Answer 17

The Royal Commission on Police Powers in 1981 made reform to PACE 1984

Question 18

What’s an example of a reform that hasn’t been successful in a Royal Commission?

Answer 18

The Pearson Commission on Personal Injury

Question 19

What’s an advantage about the Royal Commission?

Answer 19

Can take evidence from experts in the area of law concerned

Only focusses on one area at a time - more thorough?

Question 20

What’s a disadvantage in regards to a Royal Commission?

Answer 20

Can only make recommendations and they’re not always put into effect.

In the 21st Century, the use of the Royal Commission has effectively been abandoned

Question 21

What is a review by judges?

Answer 21

An individual judge can be asked to make proposals for reform. A key example is the Woolf Report in the civil courts system.

Question 22

What are the ads & disads to Review by Judges?

Answer 22

Using judges to review the law means they can bring their first hand experience of applying the law into play. They’ll most likely know exactly what’s wrong with it.

However, this takes away their work as a judge. The courts are very busy and this doesn’t improve their efficiency so their interrupted from their work and wastes people’s time and money.