LAW REFORM

• What is law reform?

  The process of making changes or improvements to existing laws.
• Where do ideas for new laws/changes come from?

  Government policy - may be described in a manifesto

  European and International Treaty obligations

  Public opinion - Forced Marriage (Civil Protection) Act 2007, Dangerous Dogs Act 1991

  Pressure Groups - League Against Cruel Sports -> Hunting Act 2004

  Private Members’ Bills - Abortion Act 1967

  Judicial Decisions - Occupiers’ Liability Act 1984 -> limited protection to trespassers who get injured
• Which Act set up the Law Commission?


  Law Commission Act 1965
• Who sits on the Law Commission?

  Chairperson, High Court Judge, 4 other law commissioners who are experts in specific areas of law
• What is the role of the Law Commission?

  Keep all English law under review

  Receive and consider proposals for law reform and consult relevant parties

  Put forward proposals for reform

  Repeal

  Consolidation

  Codification
• What is repeal?

  Tidying up old statutes so that they are relevant

  • By 2015, 19 repeal acts + 3000 old acts repealed
• What is consolidation?

  Taking smaller laws to make one, accessible act

  • Parliamentary Costs Bill
• What is codification?

  Bringing together judge-made law as well as Government-made law on one topic into one singe law

  • Powers of the Criminal Courts (Sentencing) Bill
• How is law reformed?

  Referral - Topics may be referred by the Lord Chancellor or it may find topics itself to reform

  Research - Researches the area in need of reform and publishes a consultation paper seeking views on possible reform

  Consultation - Paper describes current law, sets out the problems and look at options or reform

  Proposals for Reform - Presented in a report which will also set out the research that led to the report. A draft bill is often attached to the report
• REFORM: Occupier’s Liability Act 1984

  Added ideas on trespassers and protecting them on other land if they were to get injured
• REFORM: Coroners and Justice Act 2009

  Wife in an arranged marriage was abused and she killed her husband whilst he was asleep.

  This was classed as murder but some saw it as provocation, yet many argued it wasn’t due to the abuse being over a period of time rather than being just before the time of murder.

  The Law Commission had changed the law so that the waiting period before the assault wouldn’t be considered.
• REFORM: Corporate Manslaughter and Corporate Homicide Act 2007

  Corporations with poor health and safety regulations could now be charged with manslaughter - the boss of the firm could now be imprisoned
• ADVANTAGES OF LAW REFORM

  • Allows for development in law, allows for societal and technological change
  • Remove out of date statutes - law more manageable and accessible
  • Brings together a number of related acts - more accessible and reduces confusion
  • Brings together all law on related topics - allows for the integration of judge-made and statute law so that law is accurate.
• DISADVANTAGE

  Lack of power and influence - Government has no obligation to consider all of the Law Commission’s reports and they are not given enough delegated power to enforce their own suggestions
• DISADVANTAGE

  Political differences - There is no obligation to follow recommendations and a Government can refuse to hold an inquiry for the sake of political embarrassment
• DISADVANTAGE

  Influence of the legal profession - their influence can stop novel ideas from being created by non-legal professionals
• DISADVANTAGE

  Use of temporary bodies - controversial since they are disbanded after forming a proposal, some proposals are often unworkable in practice