The
jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
of
England and Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
does not have a
Criminal Code
A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...
though such an instrument has been often recommended and attempted. , the
Law Commission
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
is again working on the Code.
History
*1818 - Parliament petitions the
Prince Regent
A prince regent or princess regent is a prince or princess who, due to their position in the line of succession, rules a monarchy as regent in the stead of a monarch, e.g., as a result of the sovereign's incapacity (minority or illness) or ab ...
for a
Law Commission
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
to consolidate English
statute law
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
.
[Lord Bingham (1998)]
*1831 - A
Royal Commission
A royal commission is a major ad-hoc formal public inquiry into a defined issue in some monarchies. They have been held in the United Kingdom, Australia, Canada, New Zealand, Norway, Malaysia, Mauritius and Saudi Arabia. In republics an equi ...
was established to enquire into the possibility of a criminal code. The commission reports in 1835 and there are seven more reports until 1845.
A Criminal Law Code Bill is introduced, referred to a
Select committee and then dropped.
*1879 - Another
Royal Commission
A royal commission is a major ad-hoc formal public inquiry into a defined issue in some monarchies. They have been held in the United Kingdom, Australia, Canada, New Zealand, Norway, Malaysia, Mauritius and Saudi Arabia. In republics an equi ...
under
Colin Blackburn, Baron Blackburn
Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a British lawyer and judge. The son of a Scottish clergyman, he was educated in Scotland and England, before joining the English bar. He was little known to the legal world ...
recommends and drafts a code.
*1882 - Since 1844 there had been eight unsuccessful attempts to enact a code.
*1965 - The Law Commission of England and Wales is established with a remit to review the law of England and Wales:
— A Criminal Code team is set up including
academic
An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of tertiary education. The name traces back to Plato's school of philosophy, founded approximately 386 BC at Akademia, a sanctuary of Athena, the go ...
lawyer
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters.
The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
Professor Sir
John Cyril Smith, the outstanding criminal lawyer of his time.
*1985 - Draft code published.
[Law Commission (1989)]
*1989 - Draft code revised and expanded.
*2002 - Government reiterates its intention to proceed with a code.
[Home Secretary (2002) ]
Justice for All
'', Cm.5563, ''p.''17
Arguments for a Code
Attorney-General
In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
Sir
John Holker said:
Sir
John Smith was, in general an opponent of legal codes but said:
References
Bibliography
*
*
*
*
Lord Bingham of Cornhill
Thomas Henry Bingham, Baron Bingham of Cornhill (13 October 193311 September 2010) was a British judge who was successively Master of the Rolls, Lord Chief Justice and Senior Law Lord. On his death in 2010, he was described as the greatest j ...
,
Lord Chief Justice of England (1998
"Speech at Dinner for HM Judges" The
Mansion House, London
The Mansion House is the official residence of the Lord Mayor of London. It is a Grade I listed building. Designed by George Dance in the Palladian style, it was built primarily in the 1740s.
The Mansion House is used for some of the City o ...
, 22 July
*{{cite journal , author=Spencer, J. , year=2000 , title=The case for a code of criminal procedure , journal=Criminal Law Review , pages=519
External links
Law Commission project page
Legal history of England
Criminal codes
English criminal law