English Criminal Code
The jurisdiction of England and Wales does not have a Criminal Code though such an instrument has been often recommended and attempted. As of April 2009[update], the Law Commission is again working on the Code.
History
- 1818 - Parliament petitions the Prince Regent for a Law Commission to consolidate English statute law.
- 1831 - Commission established to enquire into the possibility of a criminal code. The commission reports in 1835 and there are seven more reports over the next decade. A Criminal Law Code Bill is introduced, referred to a Select committee and then dropped.
- 1879 - A Royal Commission under Colin Blackburn, Baron Blackburn 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 lawyer Professor Sir John Cyril Smith, the outstanding criminal lawyer of his time.
- 1985 - Draft code published.
- 1989 - Draft code revised and expanded.
- 2002 - Government reiterates its intention to proceed with a code.
Arguments for a Code
Attorney-General Sir John Holker said:
Sir John Smith was, in general an opponent of legal codes but said:
References
Bibliography
- Cornish, W.; Clarke, G. (1989). Law and Society in England 1750-1950. London: Sweet & Maxwell. pp. 598–601. ISBN 0-421-31150-9.
- Law Commission (1989). Criminal Law: A Criminal Code for England and Wales. Vol. 1: Report and Draft Criminal Code Bill (House of Commons papers 1988-89 299 ed.). London: HMSO. ISBN 0-10-229989-7.
- Herring, J. (2004). Criminal Law: Text, Cases, and Materials. Oxford: Oxford University Press. pp. 17–19. ISBN 0-19-876578-9.
- Lord Bingham of Cornhill, Lord Chief Justice of England (1998) "Speech at Dinner for HM Judges", The Mansion House, London, 22 July
- Spencer, J. (2000). "The case for a code of criminal procedure". Criminal Law Review: 519.