Constructing a Criminal Code

Abstract

Introduction As Ireland embarks on codification, this seems an opportune time to reflect on some of the issues which potential criminal law codifiers may have to determine. The paper considers the extent to which the process of codification ought largely to restate the current law, or attempt to reform the law at the same time; and the relationship between a criminal code and the common law. It assesses different ways of structuring codes, and stresses the importance of accurate offence labelling. The paper draws lessons from codification projects in a range of jurisdictions which have traditionally been based on the common law, and in particular on the author’s experience as a member of the team which drafted a criminal code for Scotland. 2