Law reform- paper 2

Question 1

law reform meaning

Answer 1

-Removing old and out of date laws
-Bringing laws together
-suggesting new laws

Question 2

why reform laws?

Answer 2

-Laws may be outdated and/or unclear
-May be influences on parliament calling for change

Question 3

Things that can influence law making and reform

Answer 3

-Political influence: government wanting to change old law
-Public/ media: public outrage about changing current law
-Pressure groups: pushing for change in the law

Question 4

Who are the Law Commision?

Answer 4

An independent statutory body

Question 5

Law commission’s job

Answer 5

To research the current state of the law and make suggestions for changes

Question 6

The chair

Answer 6

Superior judge appointed by Lord chancellor and sos for justice for 3yrs. e.g. Sir Nicholas Green

Question 7

The other four commissioners

Answer 7

Judges, barristers or academics appointed by LC and SOS for justice 5 yrs.
e.g. Prof Sarah Green

Question 8

Chief Executive + personnel

Answer 8

Support the commission- government, Legal service, parliamentary counsel and research assistants. e.g. Phil Golding

Question 9

One or Two Non-Executive Board Members

Answer 9

Independently challenge and expertise on issues of governance and management. e.g. Joshua Rozenburg

Question 10

Codifying the law

Answer 10

Bringing all laws on one topic into one complete code- including common law rules as well as bits of statute.

Question 11

Example of how LC have tried to codify law

Answer 11

1985: commission publishes a draft criminal code which tied lots of the law together. (no government has ever implemented the ‘full’ code)

Question 12

Consolidating the law

Answer 12

Bringing a law that’s spread across cases and statutes into a single Act of Parliament. e.g. murder is a common law offence with definitions of words coming from cases.

Question 13

Examples of how LC have tried to consolidate law (2)

Answer 13

• Recommendations on reforming murder in 2006 (rejected in 2008)
• Family law Act 1996: ties together and modernises law on divorce and
  domestic violence.

Question 14

Repealing law

Answer 14

Remove statutes that no longer need to be in force

Question 15

How successful have LC been at getting repeals implemented?

Answer 15

There have been 19 statute Law (repeal) Acts as a result of the LC recommendations. In total over 300 Acts of Parliament have been removed.

Question 16

How do the LC make reforms stage 1?

Answer 16

Choosing an issue:
- An area of law referred to by the Lord Chancellor or chosen by the LC
- Substantive area of law: crime, negligence or contract

Question 17

How do the LC make law reforms stage 2?

Answer 17

Research:
- To understand the current state of the law: look at statutes, common law, academic articles and textbooks. (this is why academics and professors are in the LC.

Question 18

How do the LC make law reforms stage 3?

Answer 18

Consultation:
- Publishing a consultation paper.
- Contains a description of the current law, explanation of the issues and
options for change.
- Individuals/ groups then respond

Question 19

How do the LC make reforms stage 4?

Answer 19

Report:
- Based on the consultation a report is published explaining findings and
proposals.
- Sometimes includes a draft Bill.
(parliament are not obliged to enact the proposals)

Question 20

How many reports were implemented in the LC’s first 10 years?

Answer 20

80%

Question 21

How many reports were implemented in the LC’s second 10 years?

Answer 21

50%

Question 22

How many reports were implemented in 1990?

Answer 22

none

Question 23

Measures to improve success rate

Answer 23

2009: Coroners and justice Act
- The defence of ‘provocation’ was replaced by loss of control
2015:
Consumer rights Act
- Customers now have the right to return faulty goods for a refund
Criminal justice and courts Act
- Jurors aren’t permitted to conduct their own internet research