Law Commission

Law Commission Meaning

The Law Commission is an independent organisation that was established by the Law Commissions Act in 1965. It is tasked with examining the legal systems of England and Wales in order to come up with recommendations for their improvement. It is required of them as a statutory body that they maintain the law under regular review and offer suggestions whenever it is appropriate to do so. The Commission is an essential component in ensuring that the judicial system continues to meet contemporary challenges and is sensitive to the ever-evolving requirements of society. It undertakes extensive research and analysis to identify areas of law that require improvement. The Commission then consults widely with stakeholders, including judges, lawyers, government agencies, and the public, to formulate its recommendations for law reform. The Commission has helped to bring about significant changes in areas such as property law, family law, and criminal law.

Law Commission Reports

Law Commission Reports are authoritative and influential documents that represent the culmination of in-depth research into areas of law that require review, reform, or modernisation. They are produced by the Law Commission, an independent body established in 1965 to keep the law of England and Wales under review and to recommend necessary reforms. Law Commission Reports are highly regarded by policymakers, judges, academics, and legal practitioners alike, and have prompted some of the most significant legal reforms in recent UK history. A Law Commission Report is a valuable resource for anyone interested in the development of the law, and it will provide a fascinating insight into the complexities of the area on which the report is written and any challenges faced by those who seek to improve it.

R v G and Another

In R v G and Another [2003] UKHL 50 the House of Lords on appeal had to consider “can a defendant properly be convicted under section 1 of the Criminal Damage Act 1971 on the basis that he was reckless as to whether property was destroyed or damaged when he gave no thought to the risk but, by reason of his age and/or personal characteristics the risk would not have been obvious to him, even if he had thought about it?”

The House of Lords went farther than the certified question and overturned the judgement in R v Caldwell when it came to making its determination on this issue. It came to the conclusion that the Criminal Damage Act should apply a standard of subjective recklessness, which is comparable to the standard specified in Cunningham.

The Law Commission Draft code

The Law Commission Draft code is a framework that sets out recommendations for law reform. The Commission’s Draft code are a significant document because it provides a blueprint for the future statute. The following definition of recklessness is included in Clause 18 of the Law Commissions Draught Criminal Code (1989), and it was endorsed by Lord Bingham, along with the other judges, who voted 43 in favour of it:

A person acts recklessly within the meaning of section 1 of the Criminal Damage

Act 1971 with respect to –

i) a circumstance when he is aware of a risk that it exists or will exist;

ii) a result when he is aware of a risk that it will occur;

and it is, in the circumstances known to him, unreasonable to take that risk.

LAW BOOKS

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