English Criminal Code Explained

The jurisdiction of England and Wales does not have a Criminal Code though such an instrument has been often recommended and attempted., the Law Commission is again working on the Code.^[1]

History

• 1818 - Parliament petitions the Prince Regent for a Law Commission to consolidate English statute law.^[2]
• 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.^[2]
• 1879 - A Royal Commission under Colin Blackburn, Baron Blackburn recommends and drafts a code.^[2]
• 1882 - Since 1844 there had been eight unsuccessful attempts to enact a code.^[2]
• 1965 - The Law Commission of England and Wales is established with a remit to review the law of England and Wales:^[2]

- A Criminal Code team is set up including academic lawyer Professor Sir John Cyril Smith, the outstanding criminal lawyer of his time.^[2]

• 1985 - Draft code published.^{[2] [3]}
• 1989 - Draft code revised and expanded.^[2]
• 2002 - Government reiterates its intention to proceed with a code.^[4]

Arguments for a Code

Attorney-General Sir John Holker said:

Sir John Smith was, in general an opponent of legal codes but said:

Bibliography

• Book: Cornish, W. . Clarke, G. . Law and Society in England 1750-1950 . London . Sweet & Maxwell . 1989 . 0-421-31150-9 . 598–601 .
• Book: Criminal Law: A Criminal Code for England and Wales. Vol. 1: Report and Draft Criminal Code Bill . House of Commons papers 1988-89 299 . Law Commission . HMSO . 1989 . 0-10-229989-7 . London .
• Book: Herring, J. . 2004 . Criminal Law: Text, Cases, and Materials . Oxford . Oxford University Press . 0-19-876578-9 . 17–19 .
• 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 .

External links

• Law Commission project page

Notes and References

1. Web site: Newsletter . Spring 2009 . Law Commission . 2009-05-04 . dead . http://webarchive.nationalarchives.gov.uk/20090416025930/http%3A//www.lawcom.gov.uk/docs/newsletter_spring_2009.pdf . 2009-04-16 .
2. Lord Bingham (1998)
3. Law Commission (1989)
4. Home Secretary (2002) Justice for All , Cm.5563, p.17