Royal Commission for criminal law reform (1845–1849)
The Royal Commission on Revising and Consolidating the Criminal Law (also known as the Criminal Law Commission of 1845 or the Statute Law Commission of 1845) was a royal commission that ran from 1845 to 1849 to consolidate existing statutes and enactments of English criminal law.
The Commission replaced the 1833 Royal Commission on the Criminal Law, and five reports. The commission's proposals and draft bills were not pursued.
Background.
In the United Kingdom, Acts of Parliament remain in force until expressly repealed. Blackstone's Commentaries on the Laws of England, published in the late 18th-century, raised questions about the system and structure of the common law and the poor drafting and disorder of the existing statute book. By the start of the 19th-century, it was widely recognised that the criminal law stood in need of the greatest reform.
The Royal Commission on the Criminal Law 1833 issued its final report in 1845, proposing a draft bill digesting criminal law and procedure. However, the ambition for such a comprehensive legal was dissipating. The Tories were in government and the new Whig ministry led by John Russell in 1846 would not include the Lord Chancellor, Henry Brougham, 1st Baron Brougham and Vaux.
Lord Brougham introduced a bill embodying the digest, but it was withdrawn on an undertaking by Brougham's opponent, Lord Lyndhurst, that a second Commission would be appointed to revise it.
Terms of reference.
The commission was appointed by letters patent dated 22 February 1845 by the Lord Chancellor, John Copley, 1st Baron Lyndhurst. The commission's terms of reference were:
The Commissioners were paid, and included several members from the 1833 Commission:
The barrister James John Lonsdale was appointed Secretary to the commission.
Starkie died in 1849, before the publication of the commission's fifth report. On 27 April 1849, permission was granted by the Home Secretary, Sir George Grey, 2nd Baronet, for the commission to complete their work.
Proceedings.
The Commission issued five reports, dated 30 May 1845, 14 May 1846, 10 June 1847, 30 March 1848 and 13 July 1849.
The commission also completed the unfinished eighth and final report of their predecessor, the Royal Commission on the Criminal Law, on 5 July 1845.
First report.
The Commission issued its first report on 30 May 1845, covering penalties and disabilities in regard to religious opinion:
Second report.
The Commission issued its second report on 14 May 1846, covering homicide and offences against the person and providing a draft bill for an "Act for Consolidating and Amending so much of the Criminal Law as relates to Incapacity to commit Crimes, Duress, the essentials of a Criminal Inquiry, Criminal Agency and Participation, and Homicide and other Offences against the Person".
Third report.
The Commission issued its second report on 10 June 1847, covering:
Fourth report.
The Commission issued its fourth report on 30 March 1848, covering:
The Commissioners highlighted three primary point of disagreement:
Fifth report.
The Commission issued its fifth and final report on 13 July 1849, covering indictable offences and providing a draft bill for "An Act for Consolidating and Amending the Law of Procedure in respect of Indicatable Offences".
Criticism.
The Commission incurred expenses of £12,557 3s. 3d., which was subject to criticism legal academics and commentators, and by politicians, including Peter King and George Hadfield as part of an 1869 resolution criticising the expensive process of legal revision that had taken place over 36 years, costing the country over £80,000 without yielding substantial results.
Legacy.
On 6 June 1846, Lord Brougham introduced a draft Bill of an "Entire Digest of the written and unwritten Law relating to the Definition of Crimes and Punishment" but was not proceeded with.
In autumn of 1852, the Lord Chancellor, Edward Sugden, 1st Baron St Leonards, directed James John Lonsdale and Charles Greaves to prepare Bills for the codification of criminal law based on the reports of the Criminal Law Commissioners. Two major Bills based on the work of the Commission covering offences against the person and larceny were introduced in 1853 and continued under Lord Cranworth. The bills made no progress, principally because of the unanimously unfavourable judicial reaction to the prospect of the common law being embodied in statutory form.
Little remained of the Commissioner's work in Charles Greaves' Criminal Law Consolidation Acts 1861. However, the commission's reports were complemented and acknowledged by Greaves:"[The reports contain a] vast mass of most valuable information, together with many observations on the different parts of the criminal law, which are well deserving consideration by any one who may turn his attention to the importance of that branch of the law."At the start of the parliamentary session in 1853, Lord Cranworth announced his intention to the improvement of the statute law and in March 1853, appointed the Board for the Revision of the Statute Law to repeal expired statutes and continue consolidation, with a wider remit that included civil law. The Board issued three reports, recommending the creation of a permanent body for statute law reform. On 29 August 1854, the temporary Board was superseded by the Royal Commission for Consolidating the Statute Law. Recommendations made by the commission were implemented by the Repeal of Obsolete Statutes Act 1856 (19 &amp; 20 Vict. c. 64), the Statute Law Revision Act 1861 (24 &amp; 25 Vict. c. 101) and subsequent Statute Law Revision Acts.
References.
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