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...

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Main Author: LAU, Kwan Ho
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2020
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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
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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
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