Constructing a criminal code

As Ireland embarks on codification of its criminal law, this essay offers a commentary on some of the issues which potential codifiers may have to determine. Drawing on several code projects in the traditionally ‘common law’ world, as well as the author's experience as a member of the group which drafted a criminal code for Scotland, it considers the extent to which the process of codification ought largely to restate the current law, as opposed to attempting law reform; assesses different ways of structuring codes and of drafting provisions; stresses the importance of accurate offence labelling, and considers the relationship between a code and the common law.