Revisiting the Precedential Status of Crown Court Decisions
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...
Saved in:
Main Author: | |
---|---|
Format: | text |
Language: | English |
Published: |
Institutional Knowledge at Singapore Management University
2020
|
Subjects: | |
Online Access: | https://ink.library.smu.edu.sg/sol_research/3188 https://ink.library.smu.edu.sg/context/sol_research/article/5146/viewcontent/0022018320954177__1_.pdf |
Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
Institution: | Singapore Management University |
Language: | English |
id |
sg-smu-ink.sol_research-5146 |
---|---|
record_format |
dspace |
spelling |
sg-smu-ink.sol_research-51462020-09-24T04:14:50Z Revisiting the Precedential Status of Crown Court Decisions LAU, Kwan Ho 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. 2020-09-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/3188 info:doi/10.1177/0022018320954177 https://ink.library.smu.edu.sg/context/sol_research/article/5146/viewcontent/0022018320954177__1_.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Crown Court precedent stare decisis judges authority Courts |
institution |
Singapore Management University |
building |
SMU Libraries |
continent |
Asia |
country |
Singapore Singapore |
content_provider |
SMU Libraries |
collection |
InK@SMU |
language |
English |
topic |
Crown Court precedent stare decisis judges authority Courts |
spellingShingle |
Crown Court precedent stare decisis judges authority Courts LAU, Kwan Ho Revisiting the Precedential Status of Crown Court Decisions |
description |
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. |
format |
text |
author |
LAU, Kwan Ho |
author_facet |
LAU, Kwan Ho |
author_sort |
LAU, Kwan Ho |
title |
Revisiting the Precedential Status of Crown Court Decisions |
title_short |
Revisiting the Precedential Status of Crown Court Decisions |
title_full |
Revisiting the Precedential Status of Crown Court Decisions |
title_fullStr |
Revisiting the Precedential Status of Crown Court Decisions |
title_full_unstemmed |
Revisiting the Precedential Status of Crown Court Decisions |
title_sort |
revisiting the precedential status of crown court decisions |
publisher |
Institutional Knowledge at Singapore Management University |
publishDate |
2020 |
url |
https://ink.library.smu.edu.sg/sol_research/3188 https://ink.library.smu.edu.sg/context/sol_research/article/5146/viewcontent/0022018320954177__1_.pdf |
_version_ |
1772829281005600768 |