Recent publications by law reform bodies worldwide

• Author: Gerard Coffey
• Position: Research assistant, school of law, N.U.I., Galway
• Pages: 220-245

RECENT PUBLICATIONS BY LAW REFORM BODIES

WORLDWIDE

COMPILED BY GERARD COFFEY, RESEARCH ASSISTANT,

SCHOOL OF LAW, N.U.I., GALWAY

This section of the Journal provides summaries of recent

publications by law reform bodies worldwide with the aim of

assisting Irish Judges in their work. The issues that arise in the Irish

courts are not generally unique to Ireland and it is always useful to

see how cognate jurisdictions view problems. The analysis provided

and the solutions suggested hold their own intrinsic interest and may

often shed light on similar matters that come before our courts. Web

site links are provided to the relevant publications to enable ease of

access as are the contact details of the law reform bodies in question.

The Irish entries weresubmitted by Mr. Ray Byrne, Director of

Research at the Law Reform Commission of Ireland, to whom we

are most grateful.

I. CRIMINAL LAW

A. Ireland

•Consultation Paper: The Court Poor Box

The Law Reform Commission of Ireland. (LRC CP 31-2004).

This Paper deals with the procedurewhich has been adopted

over many years by the courts, particularly the District Court, where

the judge may take the view that, although the prosecution has

proved its case, it is not appropriate to enter a conviction, but that a

contribution is made to the court poor box, the content of which is

then given to relevant charities. As well as involving this element of

restorative justice, this disposition recognises that, in certain

circumstances, it is appropriate to refrain from registering a criminal

conviction for some minor offences, especially against a young

person or first-time offender. On the other hand, concerns have been

expressed as to the need to ensureequal treatment for offenders from

220 [4:2Judicial Studies Institute Journal

different economic backgrounds and also as to the lack of

transparency regarding the use of funds. The Commission has

provisionally recommended that the essential elements of the

existing arrangement be put on a statutory basis, while omitting its

adverse features. The Commission also recommended that the

procedure be renamed the ‘Court Charity Fund.’ The proposed new

statutory model would include the criteria to be used in its

application, using an expanded version of the factors in the

Probation of Offenders Act, 1907,and also incorporating a revised

version of the compensation order regime in the Criminal Justice

Act, 1993.

Website Address:

http://www.lawreform.ie/Court%20Poor%20Box%20Consultation

%20Paper.pdf

B. England and Wales

•Final Report: Partial Defences to Murder.

The Law Commission for England and Wales. (August 2004).

The objective of this Final Reportis to consider the partial

defences to murder,namely,provocation, diminished responsibility

and excessive self-defence. The Law Commission did not make any

recommendations to amend the law of diminished responsibility,

however, the Law Commission did recommend that the partial

defence of provocation be amended in three ways: that it should be

extended so as to potentially be available to certain defendants who

kill in response to fear of serious violence to themselves or another;

that the defence of provocation be moretightly drawn so as to

prevent it being advanced in certain cases wherepresently it is

available; and that an explicit power be given to the court to

withdraw the issue of provocation from the jury. The Law

Commission does not recommend any separate partial defence to

murder based on the excessive use of force in self-defence.

Website Address:

http://www.lawcom.gov.uk/files/lc290.pdf

2004] 221Recent Publications

By Law Reform Bodies Worldwide