LAW COMMISSION

Question 1

WHAT IS LAW REFORM

Answer 1

• Reform of the law means changing, amending, improving and correcting areas of the law which have been identified as problematic

Question 2

s3 Of The Law Commission Act 1965

Answer 2

• The aim of the Commission is to ensure that the law is :
  ○ Fair
  ○ Modern
  ○ Simple
  ○ Cost Effective

Question 3

COMPOSITION OF THE LAW COMMISSION

Answer 3

• A full time body consisting of a chairman and four commissioners as well as support staff consisting of barristers, solicitors and academics

Question 4

HOW THEY WORK

Answer 4

1) A topic of research is chosen by the LC or referred by the government
2) Law Commission researches the law
3) Law Commission issues consultation paper
4) Law Commission issues final report

Question 5

ROLE : REFORM

Answer 5

• Researching and offering suggestions either their own suggestions or through recommendations
• Criteria:
  1) Importance
  2) Suitability
  3) Resources

Question 6

ROLE : REPEAL

Answer 6

• Getting rid of laws that are no longer relevant
• Investigates whether they are still required and prepare repeal bills for Parliament
• Parliament will then consider if they are unnecessary or irrelevant
• 2015 : 3000 old acts repealed

Question 7

ROLE : CODIFICATION

Answer 7

• Writing up unwritten laws
• Bringing together statutory law and judicial precedent and a topic into a single law
• Achieved by the Sentencing code for The Sentencing Act 2020

Question 8

ROLE : CONSOLDATION

Answer 8

• Drawing all existing provisions together in one Act to make the law more accessible
• LC produces around 5 consolidation bills a year

Question 9

SUCCESSES OF THE LAW COMMISSION

Answer 9

• LC has not yet achieved its original idea of codification of many areas of the law
• Around 85% of LC proposals enacted by Parliament
• Only 50% of suggestions have become law

Question 10

INFLUENCES ON PLM

Answer 10

• The Fraud Act 2006
• The Corporate Manslaughter And Corporate Homicide Act 2007
• The Criminal Justice And Courts Act 2015

Question 11

ADVANTAGES

Answer 11

• Researched by legal experts
• Consults before finishing proposals
• Whole areas of law are considered
• Politically independent and has aim of improving the law
• Old irrelevant law removed

Question 12

DISADVANTAGES

Answer 12

• Parliament does not implement all proposals
• Government not bound to consult LC before bringing any changes to Parliament
• Government bound to accept LC recommendations
• Parliament may not have time to consider and debate pure law issues