Codification of the general principles of the criminal law
In its July 2002 White Paper "Justice for All" the Government stated its intention to codify the criminal law.� After discussion, it was agreed that we would review and revise what was said about the general principles of the criminal law in Part 1 of our Draft Criminal Code of 1989. This document is available from TSO.
The project consists of seven tranches:
- External elements of offences, in particular causation
- Fault
- Parties to Offences
- Incapacity and mental disorder
- Defences
- Preliminary offences
- Proof
Originally it was our intention to publish one consultation paper dealing with all seven areas. In the last three years, however, this project has been affected by other major projects we have been involved in (Non-accidental Death or Serious Injury to Children, Partial Defences to Murder,�Assisting and Encouraging Crime and a review of the law of Homicide).
Our project on Assisting and Encouraging Crime has enabled us to progress the tranches on Parties to Offences and Preliminary Offences.� In July 2006 we published a report in which we made recommendations for replacing the preliminary inchoate offence of incitement with inchoate offences of assisting and encouraging crime.� In May 2007 we published a further report in which we made recommendations for reform of the law of complicity (Parties to Offences).
In the course of 2007,�we intend�to publish consultation papers on:
- The preliminary offence of conspiracy
- The preliminary offence of attempt
In the course of 2007,�we intend�to publish a report on Intoxication.
For more information, contact the criminal law team or go to the team page.
NOTE - We are happy to provide information about our projects. However, we cannot give legal advice or deal with individual cases. Nor do we help with student assignments.