Critically analyse the arguments for and against the codification of Essay

Critically analyse the arguments for and against the codification of Scottish criminal law - Essay Example The commission did not articulate its own view on the appeal of using the draft as the foundation for passing a Scottish criminal code by articulated the belief that an extensive public discussion on the issues emerging from the draft code would be essential. Consequently, it provoked comments on December 15, 2003. The draft code was aimed at substituting the common law crimes, in addition to several constitutional offences, in the same sector with those crimes. It did not try to substitute decrees like the Acts on road traffic or drug-related crimes or on health and safety at workplaces, or gaming which are already controlling certain issues in an inclusive manner (Chan et al., 2009). The authors were not opposed to involving such matters ultimately by any means. This is because a better code is one that is highly inclusive. Not only did it appear less essential to involve crimes already in mind-codes, but also numerous issues of this kind are preserved issues under the Scotland Act 1998. Hence, the draft code was incomplete code. Because of this reason, many people argued for and against this code citing many succinct reasons as to why they took their position. While the codification of Scottish criminal law was aimed at improving current laws, it had shortfalls which if not amended, will have adverse effects on the Scottish people. The codification of Scottish criminal law had both advantages and disadvantages. For instance, the codification of Scottish criminal law would avoid the need for recurrence and stop certain kinds of gap in new legislation. Nevertheless, it did not appear to be a lucid case for substituting the current criminal law with a code (MacQueen et al., 2003). Courts will be required by the introduction of a code to stick to the letter of the code even where it create outcomes that are unjust on, not in accordance with sound principle. It might not be sure on how far it would be helpful to refer to institutional authors and preceding decisi ons. The codification of Scottish criminal law could have involved a variety of constitutional crimes encountered frequently in legal practice. According to Reid & Zimmermann (2000), it was difficult for the Sheriffs Principal to reach a view on whether the codification of the criminal law was in principle a project to be pursued by the Scottish Law Commission. They realized that illustrious judges in England had called for codification of the criminal law and called for a fully informed discussion on the matter in the Scotland. Scottish Law Commission is supposed to think to supplement the draft with a debate paper in a conservative style analyzing the misbehavior to be tackled, the section of the current law believed to be substandard and the different alternatives for reform. They were especially anxious to discover what had been the experience of judges and practitioners in other ordinary law authorities where the criminal law had been codified. Smith (1962) asserts that even th ough the codification of Scottish criminal law was approved initially at the abstract, it is now considered that when human rights needs had a helpful impact on the ordinary law; it was not time to codify the Scottish Criminal Law. This is because a code is supposed to codify the entire law including constitutional crimes. In the code, offence-creating conditions should be framed in a exceedingly