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Law Reform (The Law Comission (Work (Reform (Lc can choose own areas or be…

- - - - Lc can choose own areas or be reffered by govt
      - Opens consultation setting out current law and issues - 2017 regarding wills
      - Consultation invites responses from interested parties including problems w/ the current law, suggestions, questions for parties to consider, law in other countries
      - Issues a report including a draft bill
    - - Involves re-writing the law
      - One of the first aims was to rewrite family/contract/landlord/tenancy/evidence
      - 1985 - draft criminal code but was never implemented
      - In 2008 the LC stated it would focus on smaller areas of law so that it was more likely to be implemented
    - - Involves bringing all areas of law into one Act
      - Does not review or change the law
      - July 2017 - Sentencing Code
    - - Role of Parliament but LC can advise which areas
      - Identifies redundant Acts - Statute of Malborough 1267 stilll in force
      - 19 LC bills have repealed 3,000 laws
  - - - Saves Parliamentary time
        
        Can focus on political issues
        
        Parliament doesn't have time to do this fully
        
        LC is much more successful - 3,000 Acts repealed
      - Legal Experts
        
        Practical and Intellectual Solutions
        
        High Court Judge and experienced comissioners
      - Consultations
        
        Asks for public suggestions
        
        Sentencing Code 2017
      - Whole Areas of Law
        
        Impact is fully explored
        
        Contempt of Court 2012
      - Simplify and Modernise
        
        Codification
        
        Consolidation
        
        Criminal Code
        
        More easily understood and open to all
    - - Govt is Slow
        
        Must be politically important
        
        NFO's and Murder
        
        Govt do not want to bring in controversial laws as it may harm them politically
      - Lack of Parliamentary Time to Discuss
        
        Coroners and Justice Act 2009 was not fully discussed - so impact was not fully explored
      - Parliament May Make Changes
        
        Committee Stage
        
        Legal Advice ignored
        
        No need to implement LC reports
        
        Homicide Reforms in Coroners and Justice Act 2009 were done at the expense of legal advice
        
        Hours and lots of public money wasted for a political motivation
- - - - Ad hoc
        
        Quick to set up
        
        Usually follows quite quickly in the wake of a scandal
      - Reports on Specific Areas
        
        Remit is clear w/ clear agenda and timescale
        
        Means the research is in depth
      - Independent
        
        Non-political motivations
        
        Provides an objective view
    - - Expensive
        
        Can sometimes take several years
        
        Lawyer/judicial costs
        
        Can cost millions
      - Enforcable Judgements?
        
        Parliament do not have to listen
        
        Govt can ignore all advice
        
        During the 1980s there was a period where no Commissions were set up
      - Length of Enquiry
        
        Usually on complex areas
        
        Can take years