Publication Type

Journal Article

Version

acceptedVersion

Publication Date

9-2020

Abstract

The binding authority of substantive decisions made by the Crown Court in the exercise of its criminal jurisdiction is often assumed to be negligible. In 2013, the Court of Appeal appeared to confirm the correctness of that assumption. Yet there was little in the way of explanation or case law that was cited in support by the court. This article suggests that a re-evaluation of the place and treatment of such decisions within the doctrine of precedent is overdue, and considers that they should be recognised to have some binding effect if there is able to be established a reasonably satisfactory process to facilitate their systematic and public dissemination, whether electronic or otherwise.

Keywords

Crown Court, precedent, stare decisis, judges, authority

Discipline

Courts

Research Areas

Asian and Comparative Legal Systems

Publication

Journal of Criminal Law

First Page

1

Last Page

9

ISSN

0022-0183

Identifier

10.1177/0022018320954177

Publisher

SAGE Publications (UK and US)

Additional URL

https://doi.org/10.1177/0022018320954177

Included in

Courts Commons

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