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Law Reform - Coggle Diagram
Law Reform
Law commission
Created by the Law Commissions Act 1965, it is an independent body that aims to ensure that the law is as fair, modern, simple and cost-effective as possible.
A chair and four other commissioners. Chair is a high or appeal court judge. All are appointed by the Lord Chancellor and SoS for Justice.
s3 LCA 1965 - duty of the LC is to keep all of the law under review with a view to its systematic development and reform.
Reform
Set out current law in consultation paper, receive responses, develop a policy and submit proposals for reform (may be a draft bill).
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Codification
Collecting together laws on one subject into one set of rules, e.g Draft Criminal Code 1985
rarely works as judges are concerned at losing decades of case law, and because of how widely drafted and rigid codes would have to be
Consolidation
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Over 200 since 1965, e.g Powers of Criminal Courts (Sentencing) Act 200
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1965 - 75 : 85% of reports implemented, 1975 - 85: 50% of reports implemented, 2010 - : 27%
Advantages - likely to be comprehensive and accurate as done by legal experts and is free of political bias, can consider all areas of law allowing them to focus on consistency and clarity, makes law simpler and more ascertainable e.g Unfair Contact Terms Act 1977
Disadvantages - many law reports go unimplemented meaning some areas of law remain outdated and difficult to understand, which is contrary to the rule of law. Also, the government is not obliged to consult the LC when making laws.
Royal commissions
Advisory committees established by the government to investigate a matter of public concern on a one-off basis.
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gov dictates size and members of the RC, which is staffed by both lawyers and non-lawyers
RC can take evidence from interested parties and undertake research, they then produce a report setting out their recommendations
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some RC are successful such as the Royal Commission on Police Procedure which saw many proposals implemented in PACE 1984
Advantages - independent so can take on politically sensitive issues, can take evidence from experts so are well informed and can also have experts on the commission
Disadvantages - rarely used, last use was 2000. Even when the RC makes clear recommendations, political considerations often men that they go unimplemented
Judge-led Inquiry
Judge is appointed by the gov to look into a specific are of the legal system or the law, e.g Jackson Report looked into the costs of civil cases.
Advantages - Those conducting the review have considerable expertise which allows the inquiries to deal with complex ans specialist topics.
Disadvantages - some argue that those who are not legal experts are not best placed to asses the law, and using judges in this way diverts them from helping the overstretched court system, causing delays to justice.
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