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Welsh law (Welsh: Cyfraith Cymru) is an autonomous part of the English law system[1] composed of legislation made by the Senedd.[2] Wales is part of the legal jurisdiction of England and Wales, one of the three legal jurisdictions of the United Kingdom.[3] However, due to devolution, the law in Wales is increasingly distinct from the law in England, since the Senedd, the devolved parliament of Wales, can legislate on non-reserved matters.
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Welsh law has been generated by the Senedd since the Government of Wales Act 2006 and in effect since May 2007. Each piece of Welsh legislation is known as an Act of Senedd Cymru. The first Welsh legislation to be proposed was the NHS Redress (Wales) Measure 2008. This was the first time in almost 500 years that Wales has had its own laws, since Cyfraith Hywel, a version of Celtic law, was abolished and replaced by English law through the Laws in Wales Acts, enacted between 1535 and 1542 during the reign of King Henry VIII.[4]
Because Wales is not a distinct legal jurisdiction, matters of justice are reserved to Westminster.[5] There have, however, been calls for a distinct legal jurisdiction and the devolution of justice and policing to the Senedd. For example, in 2020, an independent commission led by former Lord Chief Justice John Thomas came to the conclusion that the existing arrangement was ‘failing the people of Wales’.[6]
Prior to the 19th century, It was custom for Welsh Judges to travel on horseback, whereas their English counterpart did not, this detail was discussed within the House of Commons in May 25, 1820.[7]
There have been multiple calls from both Welsh academics and politicians however for a Wales criminal justice system.[8][9][10]
- ^ The legal system in Wales is known as English law rather than English and Welsh law. See [[Welsh law#Terminolog|]].
- ^ Law Society of England and Wales (2019). England and Wales: A World Jurisdiction of Choice [Report] (Link accessed: 16 March 2022).
- ^ "The English legal system". ICLR. Retrieved 2022-03-16.
- ^ "BBC NEWS | UK | Wales | Assembly powers bill becomes law". news.bbc.co.uk. 25 July 2006. Retrieved 2016-09-19.
- ^ "Criminal justice and devolution". www.instituteforgovernment.org.uk. 7 April 2020. Retrieved 2022-03-16.
- ^ "What powers does the Senedd (Welsh Parliament) have?". Centre on Constitutional Change. University of Edinburgh. Retrieved 3 September 2021.
- ^ Hereford Journal - Wednesday 07 June 1820
- ^ "Written Statement: Update on the development of the justice system and the legal sector in Wales (30 September 2021)". GOV.WALES. 30 September 2021. Retrieved 2022-11-29.
- ^ "Plaid Cymru call for devolution of justice to Wales - 'we can't be treated as an appendage to England'". Nation.Cymru. 2022-11-29. Retrieved 2022-11-29.
- ^ "Devolution a 'necessary step' towards a better Welsh criminal justice system, academics argue". Cardiff University. Retrieved 2023-02-22.