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 March 2008, the Law Commission is again working on the Code. [ cite web | title=Newsletter | year=Spring 2008 | url=http://www.lawcom.gov.uk/docs/newsletter_spring_2008.pdf | publisher=Law Commission | accessdate=2008-08-04 ]

History

*1818 - Parliament petitions the Prince Regent for a Law Commission to consolidate English statute law.Lord Bingham (1998)]
*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. [Law Commission (1989)]
*1989 - Draft code revised and expanded.
*2002 - Government reiterates its intention to proceed with a code.Home Secretary (2002) " [http://www.cjsonline.gov.uk/downloads/application/pdf/CJS%20White%20Paper%20-%20Justice%20For%20All.pdf Justice for All] ", Cm.5563, "p."17]

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

* cite book | author=Cornish, W. & Clarke, G. | title=Law and Society in England 1750-1950 | location=London | publisher=Sweet & Maxwell | year=1989 | id=ISBN 0421311509 | pages=598-601
* cite book | title=Criminal Law: A Criminal Code for England and Wales. Vol. 1: Report and Draft Criminal Code Bill | edition=House of Commons papers 1988-89 299 | author=Law Commission | publisher=HMSO | year=1989 | id=ISBN 0102299897 | location=London
* cite book | author=Herring, J. | year=2004 | title=Criminal Law: Text, Cases, and Materials | location=Oxford | publisher=Oxford University Press | id=ISBN 0-19-876578-9 | pages=17-19
*Lord Bingham of Cornhill, Lord Chief Justice of England (1998) " [http://www.judiciary.gov.uk/publications_media/speeches/pre_2004/mnsion98.htm Speech at Dinner for HM Judges] , The Mansion House, London, 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

* [http://www.lawcom.gov.uk/codification.htm Law Commission project page]