- 1 - Constructing a Criminal Code Pamela R. Ferguson ♦ 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. 1 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 ♦ Professor of Scots Law, University of Dundee, Park Place, Dundee, DD1 4HH, Scotland, UK. The author is grateful to Professor Janet McLean for her comments on an earlier draft of this paper. 1 The Irish Criminal Law Codification Advisory Committee was established under Part 14 of the Criminal Justice Act 2006. 2 Draft Criminal Code for Scotland with Commentary (2003), available at: http://www. scotlawcom.gov.uk . The other members of the Scottish code team were Professors Eric Clive (University of Edinburgh), Chris Gane (University of Aberdeen) and Sandy McCall Smith (University of Edinburgh). The code’s construction was an unofficial exercise and it has not been enacted by the Scottish