Codifying Criminal Law in Ireland

In this article the authors consider the question of codifying the criminal law in the Republic of Ireland and Northern Ireland. The two jurisdictions share a common legal heritage and face the challenges associated with small jurisdictions, such as a paucity of indigenous legal materials and the dedication of meagre resources to the legislative process. Given these features and the history of failed attempts to codify the criminal law in the British Isles, especially in the 19th century, it is hardly surprising that codification has not been a priority on the legislative agenda. Nevertheless, an evaluation of the current state of the criminal law in these neighbouring jurisdictions reveals an unsatisfactory state of affairs. Its incremental development has left the criminal law in a haphazard, unsystematic, and disorganised state. This invites a reconsideration of the question of codification and an evaluation of the means by which that goal might be achieved.