English Criminal Code
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The
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
of
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
does not have a
Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
though such an instrument has been often recommended and attempted. , the
Law Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
is again working on the Code.


History

*1818 - Parliament petitions the
Prince Regent A prince regent or princess regent is a prince or princess who, due to their position in the line of succession, rules a monarchy as regent in the stead of a monarch regnant, e.g., as a result of the sovereign's incapacity (minority or illness ...
for a
Law Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
to consolidate English
statute law Statutory law or statute law is written law passed by a body of legislature. This is opposed to Oral law, oral or customary law; or regulatory law promulgated by the Executive (government), executive or common law of the judiciary. Statutes may or ...
.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 Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a Scottish judge who is remembered as one of the greatest exponents of the common law. At one point, Blackburn was a judge in the Court of Exchequer Chamber. On 16 October ...
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 An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary education, secondary or tertiary education, tertiary higher education, higher learning (and generally also research or honorary membershi ...
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
Professor Sir
John Cyril Smith Sir John Cyril Smith (15 January 1922 – 14 February 2003), born Barnard Castle, County Durham, was an authority on English criminal law and the philosophy of criminal liability. Together with Brian Hogan he was the author of ''Smith & Hogan's ...
, 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)
Justice for All
'', Cm.5563, ''p.''17


Arguments for a Code

Attorney-General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
Sir
John Holker Sir John Holker (1828 – 24 May 1882) was a British lawyer, politician, and judge. He sat as a Member of Parliament for Preston from 1872 until his death ten years later. He was first Solicitor General and later Attorney General in the ...
said: Sir John Smith was, in general an opponent of legal codes but said:


References


Bibliography

* * * *
Lord Bingham of Cornhill Sir Thomas Henry Bingham, Baron Bingham of Cornhill, (13 October 193311 September 2010), was an eminent British judge who was successively Master of the Rolls, Lord Chief Justice and Senior Law Lord. He was described as the greatest lawyer of ...
,
Lord Chief Justice of England Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or a ...
(1998
"Speech at Dinner for HM Judges"
The
Mansion House, London Mansion House is the official residence of the Lord Mayor of London. It is a Grade I listed building. Designed by George Dance in the Palladian style, it was built primarily in the 1740s. The Mansion House is used for some of the City of Lo ...
, 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


Law Commission project page
Legal history of England Criminal codes English criminal law