Law Reform

Question 1

Law Reform

Answer 1

Law reform means the process of changing the law to improve and update it.

· It is Parliament who changes the law, but there are various influences on parliament who may help to bring about reform.

Question 2

Government policy

Answer 2

The main influence on law reform is Government policy – manifesto of the winning party – announcements in the King’s Speech. Give an example eg 1997 The Labour party manifesto promised to “bring rights home” – led to the passing of HRA 1998

Question 3

Other political Influences

Answer 3

Other political influences eg individual MPs who may introduce private members’ bills eg David Steele Abortion Act 1967 or Kim Leadbeater who introduced the current Assisted Dying Bill which is making its way through Parliament 2025

Question 4

Pressure Groups

Answer 4

Pressure Groups – Sectional pressure groups eg the Law Society, the BMA and trade unions. Cause pressure groups eg Greenpeace, Amnesty International, Liberty, Just Stop Oil, Fathers for Justice. The Hunting Act 2004 was brought in due to campaigning by the League against Cruel Sports

Question 5

Media and Public opinion

Answer 5

Media and public opinion – explain both traditional and social media. Explain media campaigns to bring issues to public attention, online petitions etc. Explain one of the following campaigns and the change it led to: Snowdrop campaign and ban on handguns, Murder of Sara Payne and Sara’s law, Tony Martin’s conviction and the clarification of reasonable force in self defence, double jeopardy law etc.

Question 6

Lobbyists

Answer 6

Lobbyists – used by companies and pressure groups to get the attention of government ministers and ordinary MPs to support their cause.

Question 7

Law Commission

Answer 7

The Law Commission

The UK’s only full time independent law reform body

Created by the Law Commission Act 1965

LCA 1965 s3 The role of the Law Commission is to review all areas of law, to codify or consolidate areas of law, to repeal unnecessary law, where possible to simplify and modernise law:

Consolidation – to draw all the existing statutes on a topic together into one statute to make the law more accessible eg The Sentencing Act 2000

Codification – to draw all the law on a topic together (both statute and judicial precedent) and update it – to make the law more understandable, consistent and easy to find. Eg The Sentencing Act 2020

Repeal – to get rid of out dated unnecessary or irrelevant law. Eg by 2015 the Law Commission had prepared 19 Statute repeals bills and these led to the repeal of 3000 old Acts.

How it performs its role:

· Ideas are suggested to it by the Lord Chancellor (a government minister) or itself

· They research the area of law

· They publish a consultation paper which goes out to interested parties for feedback on options for reform.

· Feedback is considered then they draw up a final report with recommendations for reform (often with a draft bill attached) which is presented to Government

· Government may introduce a bill to Parliament