Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Law Commission – 12th Programme of Law Reform

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The Law Commission published its 12th Programme of law reform in July 2014.

Nine projects have been accepted into the programme.

Two of these are specific to the Welsh Government:

  1. The form and accessibility of the law applicable in Wales: an Advice to Government, considering ways in which the existing legislation can be simplified and made more accessible, and how future legislation could reduce problems.
  2. Planning and development control in Wales:  a law reform project to recommend a simplified and modernised planning system for Wales.

In terms of potential impact on the English Legal system, the most significant it a project on

  • Sentencing procedure; a law reform project to recommend a single sentencing statute.

The rest of the projects relate to important areas of substantive law.

  1. Mental capacity and detention, a  project to consider how deprivation of liberty should be authorised and supervised in settings other than hospitals and care homes. This follows sharp criticism of the present state of the law by Justices of the Supreme Court
  2. Land registration,  a project that will comprise a wide-ranging review of the Land Registration Act 2002 (itself a Law Coimmission Act), with a view to amendment where elements of the Act could be improved in light of experience with its operation.
  3. Wills, a law reform project to review the law of wills, focusing on mental capacity and will making, formalities that dictate how a will should be written and signed, and how mistakes in wills can be corrected.
  4. Bills of sale, is a law reform review of the law relating to “bills of sale” loans, including logbook loans.

There are also two scoping exercises designed to see whether detailed proposals for law reform should be developed. These are:

  • Firearms: a scoping exercise to consider the enactment of a single statute containing modified and simplified versions of all firearms offence.
  • Protecting consumer prepayments on retailer insolvency: a scoping review to assess the scale of the problem and consider was to increase protection for consumers.

In addition, the Law Commission will continue to work on projects brought forward from the 11th programme that are still to be completed.

Details can be found at http://lawcommission.justice.gov.uk/areas/12th-programme.htm

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Written by lwtmp

August 1, 2014 at 3:30 pm

Posted in Chapter 4, Chapter 5

Tagged with ,

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