Law Reform

• What Act was the Law Commission set up by?

  Law Commissions Act 1965
• Who does the Law Commission consist of?

  A chairman and four other law commissioners + support staff
• Who is the chairman?

  A High Court judge
• Who are the Law Commissioners?

  Highly qualified lawyers
• What section of the Law Commissions Act 1965 tells us its role?

  s3
• What is the role of the Law Commission according to s3 of the Law Commissions Act 1965?

  Keep under review all the law
• What is the stated aim of the Law Commission?

  To ensure the law is: fair, modern, simple and cost-effective
• The Law Commission considers areas of law which are believed to need reform
• What area of law does the Law Commission focus on?

  Substantive
• What is codification?

  Reviewing all the law on one topic and creating a complete code of law
• The Law Commission has concentrated on codifying small sections of the law
• Who considers areas of the law that need reform?

  Law Commission
• What does codification achieve?

  All the law is in one place - easy to find
• What is an example of codification by the Law Commission?

  Criminal Code 1985
• What is consolidation?

  Combining the law from several Acts of Parliament into one Act of Parliament
• How is consolidation different from codification?

  Law not reviewed or changed, only brought together
• Why is consolidation necessary?

  Makes law more accessible
• What is a repeal?

  Act of Parliament ceases to be law
• How many out-of-date Acts have been repealed?

  3000+
• Who identifies Acts that need repealing?

  Law Commission
• What are the strengths of reform through the Law Commission?

  Saves Parliament's time

  Law researched by experts

  Consultation before drawing up proposals

  Whole areas considered

  Bring law together

  Simplifies and modernises law
• What are the disadvantages of reform through the Law Commission?

  Government slow to implement reforms

  Some reforms never implemented

  Lack of time to discuss reforms

  Parliament may make changes
• What is an example of the government being slow to implement reforms?

  Offences Against the Person
• What is an example of some reforms never being implemented?

  Liability for Psychiatric Illness