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)
Citation
1
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.1177/0022018320954177