Manslaughter: The Dilemma Facing the Law Reformer
| Author | Nicola Padfield |
| Date | 01 August 1995 |
| DOI | 10.1177/002201839505900306 |
| Published date | 01 August 1995 |
| Subject Matter | Article |
MANSLAUGHTER:
THE
DILEMMA
FACING
THE
LAW
REFORMER
Nicola Padfield"
In an attempt to break the Criminal Code into bite-sized pieces, more
manageable for Parliament to digest, the Law Commission has produced
since the publication of the Draft Criminal Code in 19891a seemingly
endless stream of reports proposing reforms to the criminal law. The Law
Commission faces a political dilemma: should its proposed Bills reproduce
the existing criminal law, warts and all, and thereby perhaps, by being
uncontroversial, gain parliamentary support. Even then,
it
will probably
require a new parliamentary procedure to allow for the codification of the
criminal law. Alternatively, should the Law Commission continue to seek
to achieve a more satisfactory Code, but one which may be too controversial
to gain an easy ride through Parliament?
A fascinating discussion of these issues took place on 18 May 1994before
the House of Commons Home Affairs Committee. Mr Justice Brooke,
Professor Jack Beatson and Stephen Silver QC appeared before the
Committee and gave oral evidence in support of their short but hard-hitting
memorandum submitted in advance.
It
is worth reproducing a substantial
part of this memorandum.!
B. Why is the non-implementation of Law Commission proposals getting
so serious?
I. Nobody who knows the state our laws are in has ever questioned the
need for the Law Commission's work.
2.
Nor
is the Commission aware of any serious criticism of the quality and
thoroughness of its work. People may, of course, hold differing views on
matters of policy.
3. Lawyers are costing more and more. Legal aid is being cut. Law centres
are being closed because local authorities can no longer find funds to support
them.
4. Much of the Commission's work is concerned to simplify the laws
relating to very ordinary activities: buying a house, making a will, renting a
flat, running a small business, getting your money back when a public
authority has got the law wrong, buying a second hand car.
5.
If
the Commission's proposals are enacted, laws like these will be simpler
and fairer and less money will have to be spent on lawyers.
6. One of the Commission's new projects on remedies for breach of trust
should lead to the law being much simpler if pension funds are ever stolen
again: less money would have to be spent on accountants and lawyers in
trying to get it back.
7. The Commission is likely to continue to produce an average of five law
reform reports each year.
• Fellow in Law, Fitzwilliam College.
ICriminal Law: A Criminal Code for England and Wales (\ 989) Law Com No 177.
2
'Part
A: What is the Law Commission and what does it do?' is omitted.
291
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