Section 4 of The Legal System

1. THE LEGAL SYSTEM
Section 4 - Law Reform

2. Hint: Law reform is integrated in all Legal Studies topics. It is
always essential to evaluate the effectiveness of the law

3. •law reform is the process of changing the law to
make it more current, correct defects, simplify it or
remedy injustice
•law reform is not always smooth or easy

4. • Crimes and Other Legislation Amendment (Assault and
Intoxication) Act 2014 NSW
• Mandatory minimum 8yr sentence for unlawful fatal
assault (Max 25 yrs) while under influence
• Lockouts, 10pm closing time of bottle shops
• R v Loveridge (Death of Thomas Kelly)
• Death of Daniel Christie
• 7:30 Report
Case Space: Mandatory Sentencing and Alcohol Fueled
Violence
Hint: This is a great case study for law reform, discretion, ethical
standards, balance of rights

5. Mandatory Sentencing Explained

6. FORMER PREMIER’S ANNOUNCEMENT

7. Hint: These changes were blocked in the legislative council
NSW
Crimes Amendment (Intoxication) Bill 2014

8. Non-Legal Responses
Lobby Campaigns
“Last Drinks” Emergency services campaign, News Ltd “Real
Heroes Walk Away”, Kelly Family Petition
Media
• Major Sydney newspapers ran lengthy campaign labelling the
sentencing as only 4 yrs when in fact it was 7
• Focused on Kings Cross and connected both assaults together
• Commercial media supported reform for tougher laws but as
soon as they were enacted they jumped to defend clubs and
DJ's
News Article 1 News Article 2

9. THOMAS KELLY’S PARENTS

10. For Against
Sentences reflect community
standards. Punishment fits the
crime.
lead to injustice due to removal of judge’s
discretion
Reduces crime by being a strong
detterant
Increasing penalties doesn't deter
offenders because they act impulsively not
rationally
Maintaining confidence in the
justice system
Imposes significant costs to the system.
likely to have less guilty please therefore
more trials. Higher prison costs
less severe and less costly can achieve the
same outcome e.g. resources to prevention
programs
Arguments For and Against Mandatory Sentencing
Map of Sydney Entertainment Precinct

11. CONDITIONSTHAT GIVE RISETO LAW
REFORM
• Changing social values
influence reform
• e.g acceptance of same-sex
relationships has changed
over time in society and
reforms have been made to
the law
Changing Social Values

12. EUTHANASIA

13. •If the law is unable to deliver just outcomes, there may be a need for
law reform
•Over time, criminal law has changed and adapted to society’s
expectations
•New concepts also reflect moral and practical considerations
•New concepts include youth justice conferencing, circle sentencing
or rehabilitation
New Concepts of Justice
Hint: generally law reform is reactive not proactive

14. Q&A - EUTHANASIA

15. •New technology always places pressure on the law to stay current
•IVF, DNA testing and stem cell technology are just a few examples
where technology continues to present challenges to the law
New Technology

16. •Law reform issues are usually investigated or reported on by one
of the following organisations
•Government law reform commissions, such as the NSW Law
Reform Commission or Australian Law Reform Commission
•Parliamentary committees
•The media
•NGOs
• Lobby groups
Agencies of Law Reform

17. HELMETS REFORM?

18. •To modernise, simplify and complement current law
•Remove obsolete unjust laws
•Improve access to justice
Law Reform
Commissions

19. •Insufficient time in parliamentary sitting sessions to discuss issues
that arise from a particular piece of legislation.
•‘Select Committee’ are small committees appointed for a
particular purpose, or a once-only task.
•‘Standing Committee’ is a committee that is permanent during
the life of the body that appointed it
Parliamentary Committees

20. PARLIAMENTARY COMMITTEES

21. • A free and fair press is essential in a democracy
•Media reports have the ability to interview important political
leaders and hold them accountable
The Media

22. •A lobby group is an organised
group of people who try to
influence government ministers
or other members of
parliament to advance their
social or political agenda
•The Lone Fathers Association of
Australia has been a strong
advocate for ‘shared equal
parenting’.This reform occurred
in 2006 of the Family Law Act
1975
NGO - Lobby Groups

23. VIEWS OFTHE MEDIA

24. • Courts (ICJ, supreme court,
High Court)
• Parliaments (Aust, NSW)
• United Nations (UN)
•Intergovernmental
organisations (NATO,APEC,
EU)
•Other agencies
Mechanisms of Law Reform

25. META DATA REFORMS

26. Strengths Weaknesses
Courts -Binding precedent
(high court), decisions are
decided and remain
Courts - do not make the law,
therefore reform needs to be
achieved outside of the courts
Parliaments - Main
mechanism for law reform
Parliaments - Decisions may
take a while when passing a bill
UN - Main International body
UN -The need for compliance
from nation-states