[Criminal] Advantages and Disadvantages of Codification in Queensland

Queensland's criminal law is codified.

The advantages of codification:
  • Provides greater certainty and clarity than the common law
  • Therefore, principle of individual autonomy is achieved
With the law laid down in statute, members of society are given fair warning of their social responsibilities under the criminal law and can readily find these out. This adheres to the principle of individual autonomy with its notion of sufficient choice. Choices are real if the law clearly spells out in advance the consequences of taking certain proscribed actions. [1] 

The disadvantages of codification
  • Inflexibility of statutes and the inability to respond quickly to new developments and changes
The Code encapsulates the understanding of a particular period as to the desirable form and limits of the criminal law. [2]  


[1] Findlay et al, Australian Criminal Justice (4th edn, 2009) 8-9. 
[2] Louis Waller & CR Williams, Criminal Law (11th edn, 2009) para 1.39. 

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