WJEC Eduqas A Level Law Book 1 sample

Law reform 29 • In 1992, there was a backlog of 36 Bills which Parliament had failed to consider. • The lack of success during this period was put down to lack of parliamentary time and an apparent disinterest by Parliament in technical law reform. One area highlighted by the Law Commission in 1989 was the need for criminal law to be codified. The government has failed to respond to the idea that the UK should mirror other jurisdictions where there is a single criminal code but there has been no sign of progress in implementing these changes. 2003: Halliday Review This review found that the main problem with law reform was the inability of government departments to accept reform proposals and create an opportunity for discussion in Parliament. In some cases, the delay in implementing the Law Commission reports was significant. For example, the review found that the Law Commission’s proposal for reform of the landlord’s right of distress on the tenant’s property was contained in its report on ‘distress for rent’, published in 1991. It took 16 years for those proposals to become part of the Tribunals, Courts and Enforcement Act 2007 . Key factors in this delay can be traced to political issues, personnel changes and staffing. The amount of annual legislation increased not only in numbers but also in length, adding further burdens to an already busy Parliament. Everyone from the Prime Minister and MPs to government departments sought to find a slot in which to introduce their legislation ideas. Present day In 2008, the Law Commission announced it would no longer seek to codify the criminal law but instead concentrate on simplifying specific areas of the criminal law, rather than repealing big chunks. Acts that have incorporated criminal law reform recommendations include: • Criminal Justice Act 2003 • Domestic Violence, Crimes and Victims Act 2003 • Fraud Act 2006 • Serious Crime Act 2007 • Coroners and Justice Act 2009. Since the Law Commission Act 2009 , there have been annual reports to Parliament by the Lord Chancellor, resulting in varying levels of success. Implementation rates have improved, although there are still reports waiting to be made law. The Law Commission’s Annual Report of 2011–2012 showed that 15 reports awaited implementation. The government rejects around one in six of the Law Commission’s reports. Advisory committees These are temporary law reform bodies. They are set up to research, consult and propose laws on a particular issue or to investigate where the law needs to be reformed following a tragedy or big event, such as the Hillsborough disaster, the Brixton Riots, or because of advances in science and technology that need to be reflected in the law. Royal Commissions These are temporary committees, set up by the government to investigate and report on one specific area of law. Once the report has been published, the Royal Commission is disbanded. Royal Commissions returned to popularity in the 1990s after not being used at all while Margaret Thatcher was Prime Minister. Examples include: • Phillips Commission: resulted in the Police and Criminal Evidence Act 1984 , which is key act for police powers and accountability It is always good practice in an exam to show recent knowledge and an awareness of current issues. Here are some ideas in relation to the Law Commission: 1. The Law Commission recently published a report recommending reform of the Offences Against the Person Act 1861 (www. lawcom.gov.uk/project/ offences-against-the- person). Summarise its main findings. 2. The Law Commission recently published a report recommending changes to the law surrounding wills (www.lawcom.gov.uk/ project/wills). Summarise its proposals. 3. One of the biggest successes of the Law Commission in recent years has been changes to offences surrounding jury conduct during trials. These changes have been included in the Criminal Justice and Courts Act 2015 . GRADE BOOST In order to keep on top of the progress of Law Commission proposals, it is a good idea to read the annual reports published by the Lord Chancellor’s office, required by the Law Commission Act 2009 . You can read the reports in full at www.gov. uk/government/collections/ implementation-of-the-law- commission-proposals. Using these and other knowledge, evaluate how successful the Law Commission has been since the implementation of the Law Commission Act 2009 . STRETCH AND CHALLENGE