DRAFT MINUTES - Law Commission - Ministry of Justice

COMMISSIONERS’ MEETING 24 OCTOBER 2012
Present: Chairman Chief Executive
Professor Elizabeth Cooke Adrian Hogarth
David Hertzell
Professor David Ormerod Item 3
Frances Patterson QC Claire Brown
Kate Grady
Aine Kervick
Simon Tabbush
Item 1: Approval of the Minutes of the Meeting on 10 October
File Ref: COP/001/001/7-03
1. The minutes of the previous meeting on 10 October were approved for
disclosure purposes.
Item 2: Matters Arising
Easements and Intestacy Projects
2. Professor Cooke updated Commissioners on progress with the Ministry of
Justice with the Intestacy project and it was noted that the Commission was due a
response from the Minister about the Easements project by the end of October.
Scottish Law Commission Bill
3. Commissioners noted that it was planned to be introduced soon using the Law
Commissions procedure.
Evidence to Political and Constitutional Reform Select Committee
4. The Chairman advised Commissioners that his appearance before the select
committee had appeared to go well and he expressed thanks to all those who had been
involved in preparing him for it. Matters which had come up at the hearing included
the Commission offering briefing to Parliamentarians during the progress of our Bills
in the House of Commons, consulting the select committee in the lead up to the
development of the next programme of law reform and consulting them on specific
projects. It was noted that the Chairman of the select committee has expressed a high
regard for the work of the Law Commission in his closing remarks.
Branding
5. The position of the Commission in relation to its own branding and website
was discussed and it was noted that a response was expected to the Chairman’s letter
to the Lord Chancellor imminently.
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Legal Wales
6. The Chairman advised Commissioners of his speech to the Legal Wales
conference and the follow up work that was being done in relation to exploring
options for ensuring the Commission could take references from the Welsh
Government and also how the commission could ensure it was keeping abreast of
developments in welsh law generally. Papers exploring these matters would come
before Commissioners in due course.
William Dale Lecture
7. The Chairman invited Commissioners to contribute ideas for his forthcoming
lecture.
Item 3: Contempt of Court Consultation Paper
8. Commissioners had before them the draft consultation paper and appendices
attached to Professor Ormerod’s minute of 25 September, the modern media chapter
attached to Professor Ormerod’s minute of 4 October, and the impact assessments
attached to Professor Ormerod’s minute of 17 October, together with minutes from
Mr Hertzell of 8 October and his e-mail of 18 October, Professor Cooke of
12 October and her e-mail of 12 October, and separate minutes from Miss Patterson
and Chairman of 16 October, and Professor Ormerod’s response of 22 October.
Summary
9. The Commissioners discussed the next steps for the scandalising the
court project and the draft consultation paper on contempt.
Scandalising the Court
10. It was agreed that:
Contempt of Court
11. It was agreed that:
(1) A summary of the responses to the scandalising the court
consultation paper will be published online shortly.
(2) A full report will be published in a few weeks time.
(1) paragraph 2.45, on the relationship between substantial risk
and serious prejudice, would be redrafted and avoid the use
of the word “balance”.
(2) paragraph 3.40 and onwards on the discussion of the
decision in Beggs would be redrafted.
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Item 4: Other Business
(3) the suggestion for a judicial helpline as a specific proposal
will be removed. A range of measures will be suggested
which might help address the problems of juror contempts
at paragraph 4.90.
(4) the report would contain a proposal recommending
guidance for the release of arrestees’ names on request.
(5) paragraph 2.57 as it stands is sufficient to draw attention to
the fact that the Attorney General’s decisions in relation to
contempt of court are not currently judicially reviewable.
(6) a test of “recklessness” in relation to knowledge of the
section 4(2) database would be considered.
(7) paragraph 4.70 will be expanded to explain the reasoning
behind the different options on the allocation of judges to
contempt cases.
(8) a track changes version of the paper will be circulated to
Commissioners at a time to be agreed.
(9) the publication date is 28 November.
12. There was no other business.
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