Law Reform / Law Commission

The work of the Law Commission (LC)

Definition (AO1)

The LC is the statutory independent body set up by the Law Commission Act 1965 to keep the law of England and Wales under review and to reccomend reform where it is needed.

The aim of the LC is to ensure that the law is: Fair, Modern, Simple & Cost effective.

The LC is a full time body staffed be experts, 5 Commissioners, the Chair (being a judge) and 4 further commissioners (legal academics, economists and members of legal profession) with support and research staff.

How does the LC work

Definition (AO1)

1. It starts its own research to recoomend reform of the law

2. It follows instructions from the GOVT to research & recommend law reform. -

   • LC can only make recommandations in their final report to GOVT.

   • They cannot REFORM the law on their own

   • The GOVT does not have to implement their REPORTS / recommendations

   • LC reports may be accepted in whole, in part or ignored.

Stages of an LC project

Definition (AO1)

1. Initiation

2. Pre-consultation

3. Consultation

4. Policy development

5. Reporting

Examples of current and implemented LC Reports

(AO3)

• Reform of the law of Double Jeopardy - (Stephen Lawrence)

• Current Research - Driverless cars

• Ignored - Reform to the OAPA 1861

Roles of the Law Commission - Reform / Modernise

Definition (AO1)

• To update the Law, by GOVT referrals or from own choosing which would look at the current law and why it needs to be reformed or updated

Roles of the Law Commission - Reform / Modernise

Examples (AO1)

• Criminal Courts and Justice Act 2015 - Reformed the Jury Act 1974 regulating the conduct of Jurors when sitting on a jury trial to not use the internet / social media / research defendant

• Law Commission Report on NFOAP Act 2015 (still to be taken forward)

Roles of the Law Commission - Codification

Definition (AO1)

• Reviewing all Law (legislation and Common Law) on a particular topic and combining and reforming this into a single code (Act).

• Makes law simpler. clearer and accessible.

Roles of the Law Commission - Codification

Example (AO1)

Report on Murder & Manslaughter 2006 lead to the reform of the special defences to murder in the Coroners & Justice Act 2009.

Roles of the Law Commission - Consolidation

Definition (AO1)

• To draw together different enactments on a topic into a single Act.

• Act usually replaces provisions in different Acts (and often statutory instruments) passed over a periord of years.

Roles of the Law Commission - Consolidation

Example (AO1)

Powers of the Criminal Courts (Sentencing) Bill

Roles of the Law Commission - Repeal

Definition (AO1)

• To propse the repeal of laws that have become obselete, with the aim to modernise and simplify the statute book, reduce its size and save the time of lawyers and others who use it.

• LC identifies and recommends to Parliament the removal (repeal) of laws which are no longer required.

Roles of the Law Commission - Repeal

Example (AO1)

Statute Law (Repeals) Act

Law Commission Advantages

• Areas of law are researched by legal experts

• The work is detailed, thoroughly reviewed and involves various levels of consultations - Initiation, pre-consultation, consultation, policy development and reporting)

• WHole areeas of law can be considered and reviewed - OAPA, the law of double jeopardry

• LC ar independent - free from any influences of the GOVT

• Commissionars are legally trained and have a good understanding of the law

• LC have considerable success in enabling law reform

Law Commission Disadvantages

• Lenthy process (OAPA took 5 years to finalise and is yet to be taken forward through Parliament)

• Workload is heavy, so they may be reviewing up to 20-30 areas of law at any one time

• Money and time can be wasted on areas that are never implemented (OAPA)

• Have to wait for the GOVT to bring in the reform proposals

• GOVT might choose not to follow all recommendations given and only part of the report is enacted in legislation.