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Law Commission: Influence

Model Answer | A Level

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Describe the Law Commission's influence on Parliament before or during the legislative process

The Law Commission Act 1965 states the role of the Commission is .. to take and keep under review all the law ....

The Commission consists of five Commissioners, one is the chair and they are all judges, barristers, solicitors or teachers of law, appointed by the Lord Chancellor. The Commission also has a staff of around fifty people including researchers.

The Commission's criteria for future projects are the importance (how unsatisfactory the current law is and the future benefits), resources (funding and expertise) and suitability. The Commission will undertake a study of the area of law, produce a consultation paper and a report to the Ministry of Justice with recommendations.

There are many examples of the Commission's areas of influence for example in modernising the law through the Computer Misuse Act 1990, which created new hacking offences, reducing unnecessary law (Statute Law (Repeals) Act 1998) and consolidating the law to make it more efficient (Criminal Courts (Sentencing) Act 2000). In addition, some laws are introduced directly after a Commission report such as the Fraud Act 2006.

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