1. Law LA 2 – Law Reform : Methods Law reform Law Reform Unit 2 AS

2. Explain the ways in which Parliament can change the law. Explain judicial influences in changing the law. Identify the various pressure groups for reform. Explain the role of agencies of law reform. Evaluate the role and performance of law reform bodies. Discuss the problems with law reform agencies. Law LA 2 – Law Reform : Methods Objectives

3. Legal systems cannot stand still & must adapt, there are a range of ways of bringing change: What ways can you think of that bring about change? Law LA 2 – Law Reform : Methods Law reform

4. Law Reform Judicial change Reform by Parliament. Pressure groups. Law reform agencies.

5. R v R ( 1991) Should the courts / judges be making such important changes to the law as seen in R v R? Law LA 2 – Law Reform : Methods Judicial change

6. Most of law reform is carried out by Parliament – 4 ways: 1.Repeal 2.Creation of a new law 3.Consolidation 4.Codification e.g. Police & Criminal Evidence Act 1984 Law LA 2 – Law Reform : Methods Reform by Parliament

7. What pressure groups can you think of? Law LA 2 – Law Reform : Methods Pressure Groups

8. 1.Charities e.g. Shelter, Child Poverty Action 1.Professional bodies such as the GMC 1.JUSTICE 1.Greenpeace, CND

9. Q.If you were a member of a Pressure group how would you go about campaigning for a change in the law? Law LA 2 – Law Reform : Methods Pressure Groups

10. The following are some ways in which pressure groups campaign to change the law: Publicity. Petitions. Lobbying MP’s. Demonstrations. Writing to MP’s / Ministers. Snowdrop Petition (Dunblane) managed to persuade the Government to ban most types of handguns.

11. Public opinion. Media pressure / campaigns e.g. Stephen Lawrence; ‘naming and shaming’ paedophiles. Treaty obligations influence changes in our law. Other political parties. Law LA 2 – Law Reform : Methods Other pressures for change

12. The Law Commission Set up in 1965. 5 people from - judiciary, legal profession and legal academics, assisted by legally qualified civil servants. Law LA 2 – Law Reform : Methods Law reform agencies

13. The Law Commissions Act 1965 Law Commission’s task is to: Codify the law; Remove anomalies in the law; Repeal obsolete and unnecessary legislation; Consolidate the law; Simplify and modernise the law. Commission publishes a consultation paper and final recommendations are set out in a report with a draft Bill. Law LA 2 – Law Reform : Methods Law reform agencies

14. The Criminal Law Revision Committee CLRC – considers reforms to the criminal law. Members include the DPP & judges & academics. CLRC has not convened since 1985. Law LA 2 – Law Reform : Methods Law reform agencies

15. Royal Commissions Royal Commissions study particular areas of law reform. Independent and non- political made up of a variety of people. Final report – up to Government to act on recommendations or not. Examples include: –1981 Royal Commission on Criminal Procedure –Royal Commission on Reform of the House of Lords 2000 Law LA 2 – Law Reform : Methods Law reform agencies

16. Public Inquiries One-off temporary committee Examples include: –Hillsborough football stadium disaster –Sinking of Herald of Free Enterprise –Stephen Lawrence –Railway accidents –Test tube babies –BSE crisis –Conviction of Harold Shipman –Inquiry into suicide of Dr David Kelly Law LA 2 – Law Reform : Methods Law reform agencies

17. Temporary Inquiries Government departments sometimes set up temporary projects into a specific area of law; e.g. Lord Woolf’s inquiry into the Civil Justice System. Law LA 2 – Law Reform : Methods Law reform agencies

18. The Law Commission – Codification has not been very successful. CLRC – The Theft Acts 1968 & 1978 – seen as CLRC greatest achievement, however a string of miscarriages of justice in the 1970’s. Royal Commissions – mixed results. Public Inquiries – rely on political will - R (on the application of Gentle) v the Prime Minister (2006) & effects of the Inquiries Act 2005. Law LA 2 – Law Reform : Methods Have law reform agencies been successful?

19. Very little power. No obligation on Governments to follow recommendations and proposals may be drastically altered. Little influence over how proposals are put into practice. Agencies tend to compromise too much. Waste of expertise – once disbanded they play no further role in the law-making process. No single Government ministry for law reform. Law LA 2 – Law Reform : Methods Problems with law reform agencies

20. 1.What are the four main ways in which Parliament can change the law? 2.Give 3 examples of pressure groups 3.In what year was the Law Commission set up? 4.What do the initials CLRC stand for? 5.State 3 problems with law reform agencies Law LA 2 – Law Reform : Methods Test yourself

21. 1.What do you think of campaigns by various newspapers to name and shame paedophiles? Discuss your opinions & research with the class. Law LA 2 – Law Reform : Methods Do Now activities

22. Homework Research the following bring notes, print-outs e.t.c to class on Friday for further discussion. 1.Visit the Law Commission website and chose an area of law that you are studying or will study, find a report that has been prepared in this field and summarise 3 of its recommendations. 2.Visit the Home Office website and read the Macpherson report into the death of Stephen Lawrence - discuss whether you think this inquiry has been effective in reforming the English legal system.

23. Law LA 2 – Law Reform : Methods Useful Websites www.dca.gov.uk www.lawcom.gov.uk www.homeoffice.gov.uk