Law Reform and the Law Commission

Law Making: Law Reform

1. Overview of the Law Commission

  • Established: The Law Commission was set up in 1965 by the Law Commissions Act 1965.

  • Structure: A full-time body consisting of:

    • A Chairman (a High Court Judge)

    • Four Law Commissioners (highly qualified lawyers)

    • Support staff for research assistance.

1.1 Duties Defined by the Law Commissions Act 1965

  • Section 3 Responsibilities:

    • Take and keep under review all law relevant to their focus.

    • Systematic development and reform of the law.

    • Focus on:

    • Codification of laws.

    • Elimination of anomalies.

    • Repeal of obsolete and unnecessary laws.

    • Reduction of separate laws into fewer enactments.

    • Simplification and modernization of laws.

1.2 Reform Initiation

  • Areas identified for reform can be:

    • Referred by the Lord Chancellor on government behalf.

    • Self-selected by the Law Commission for governmental approval to draft a report.

  • Focus on substantive law areas:

    • Criminal law

    • Contract law

    • Law of tort

    • Land law

    • Family law.

1.3 Working Methodology of the Law Commission

  • Research Process:

    • Investigate law requiring reform.

    • Publish a consultation paper outlining:

    • Current law.

    • Identified problems.

    • Options for reform, including international examples.

  • Final Report Creation:

    • Proposal drafting post-consultation.

    • Presentation of positive proposals with supporting research.

    • Inclusion of a draft Bill intended for parliamentary consideration.

  • Bill's Journey: For a draft Bill to become law, it must undergo necessary parliamentary procedures.

2. Key Processes in Law Reform

2.1 Codification

  • Definition: Review all law on a specific topic and create a comprehensive code covering all aspects.

    • Includes new laws where previous laws were inadequate.

  • Purpose: Simplifies law access; consolidates information.

  • Historical Context:

    • Initial ambitious codification approach dissolved into a 'building-block' method focusing on smaller sections.

    • Draft Criminal Code published in 1985 remains unimplemented.

    • Future efforts focused on manageable codification of specific laws with potential for government acceptance.

2.2 Consolidation

  • Definition: Merging existing provisions into a single Act without changing the law itself.

  • Purpose: Enhances accessibility by grouping law from various statutes.

  • Output Statistics: 220 consolidation Acts produced by 2006, with only two between 2006-2016 due to fragmentation from new acts.

    • Example: Powers of Criminal Courts (Sentencing) Act 2000 faced modifications soon after passage.

    • Upcoming efforts for a new Sentencing Code are underway as part of improving sentencing law structure.

2.3 Repeal

  • Function: Identifying and recommending the repeal of outdated Acts.

  • Success Rates: By 2015, over 3,000 obsolete Acts fully repealed, with the Statute Law (Repeals) Act 2013 as a key example.

  • Recent Activity: The twentieth Statute Law (Repeals) Bill plans to repeal 209 Acts.

3. Implementation of Law Commission Proposals

  • Over 300 reform proposals have been reported by the Commission.

  • Implementation Success Rate:

    • First decade: 85% success.

    • Second decade: dropped to 50%, primarily due to:

    • Limited parliamentary time.

    • Disinterest in technical reforms.

    • All-time low in 1990: no reforms enacted.

  • Recent Improvements:

    • Law Commission Act 2009 mandates annual government reports on reform progress.

    • Protocol introduced in 2010 requires timely government responses to reports.

    • Dedicated parliamentary procedure for 'uncontroversial' Law Commission reports has passed six Acts since 2010.

  • Reported Implementation (March 2016):

    • 217 reports published, with:

    • 143 (66%) fully or partially enacted.

    • 8 accepted and pending implementation.

    • 19 awaiting government response.

    • 31 rejected proposals.

4. Recent Key Legislative Reforms

  • Notable Acts:

    • Land Registration Act 2002: Modernized land registration process.

    • Corporate Manslaughter and Corporate Homicide Act 2007: Criminal liability for organizations causing death.

    • Coroners and Justice Act 2009: Abolished the provocation defense and replaced it with loss of control.

    • Criminal Justice and Courts Act 2015: Tackled jury misconduct and contempt of court issues.

    • Consumer Rights Act 2015: Established consumer rights to refunds for faulty goods.

5. Advantages and Disadvantages of Law Reform via the Law Commission

5.1 Advantages

  • Research conducted by legal experts ensures comprehensive understanding of legal issues.

  • Public consultation enhances proposal quality before finalization.

  • Reform can comprehensively cover entire legal areas, improving accessibility.

  • Consolidated Acts make laws easier to locate and understand.

  • Overall aim to simplify and modernize the law benefits legal clarity.

5.2 Disadvantages

  • Delays in parliamentary implementation restrict effectiveness of the commission. Reports still pending for notable areas like non-fatal offences.

  • Limited parliamentary time hinders law reform amidst prioritization of financial and pressing national issues.

  • Government may alter recommendations when reforming, leading to laws differing from original proposals.

  • Lack of consultation by the government can result in significant changes without informed legal insights.

6. Summary

  • The role of the Law Commission includes research, consultation, and proposal development to:

    • Reform, codify, consolidate, and repeal outdated law.

  • Parliamentary implementation is required for proposals to have legal effect.

  • Advantages of the Law Commission's work include expert research and comprehensive proposals leading to accessible law, while drawbacks pivot on governmental delays and potential misalignment with original proposals.