Law Commission

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What is the Law Commission?

The Law Commission is an independent, permanent, full time body that keeps all law under review at all times.

It was set up under theLaw Commission Act 1965.

In section 3, subsection 1 of the Act, the role of the Law Commission is stated.

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Who works in the Law Commission?

It is made up of 5 commissioners - including 1 chairman. The chairman is always a high court judge. The other 4 are legal academics or practising barristers of a very high standard.

Each of the 5 commissioners have a team of highly-qualified individuals working for them to help them.

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How do they keep the law under review?

They keep the law under review by doing the following;

CODIFICATION

Bringing together all acts in one area together to produce a new Act of Parliament. 

Draft Criminal Code 1989

CONSOLIDATION

Bringing together similar acts into one to make the law more clear and simple.

Education Act 1996

REPEAL

The removal of old, outdated law.

Double Jeopardy 2011

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How do they decide which laws to review?

They can start to review law based on the following;

  • SELF INVESTIGATION means they decide themselves what they feel needs reviewing
  • PARLIAMENT may ask them to review some law
  • LEGAL ACADEMICS may also contact them and do the same
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What is the order in which they work?

They work in the following order;

1) Research

2) Working Paper

3) Consultation

4) Report

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