Understanding the Role of Crown Court and Principles of Judicial Precedents
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This article discusses the role and functions of Crown Court, along with facts relating to a criminal case observed. It also delves into the principles of judicial precedents by referring to court structure and hierarchy. The article concludes with a reflection on the learning experience and the importance of legal studies.
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TABLE OF CONTENTS PART A...........................................................................................................................................3 Describing the role and functions of crown court along with facts relating to criminal case observed......................................................................................................................................3 PART B............................................................................................................................................4 Discussing principles of judicial precedents by referring to court structure and hierarchy........4 PART C............................................................................................................................................6 Reflection....................................................................................................................................6
PART A Describing the role and functions of crown court along with facts relating to criminal case observed The crown court is the one which majorly deals with the appeal against the sentence provided in magistrate court relating to any criminal offence. This court of majorly responsible for interpreting the laws and applying the relevant law and legislation in solving the case or the issue. The crown court is responsible for managing the serious criminal cases and there are three different types of crown court centre which involves first tier, second tier and third tier. The role of crown court involves people filing the case and then the judge hears the criminal case. Before the criminal case the judge makes themselves familiar with the case and its details. Thereafter the criminal trial starts wherein the lawyers present the case in front of the judge. Also, both the parties that is defendant and appellant present their facts and issued. After analysing the whole case, the judge provides their sentence relating to the case and its solution. In the end, the case is being recorded along with the judgement passed by the judge relating to the case. With reference to the working of crown court, the case was analysed of R v Dawes, [2013]1. In the present case the defendant was Mark Dawes and the charge was that he found his wife asleep on sofa with Graham Pethard. As he saw him, he awoke him and started punching and after some time, Perhard took a bottle off and attacked Dawes. On this, Dawes grabbed a knife and stabbed Pethard in neck. At the trial, defendant stated that this was done for self- defence, but the judge held that defence had loss of control and he incited violence. The judgement was passed by referring to the S. 55 (6) (a) that this case does not overrule R v Johnson. On the basis of this fact from this case it was held that the there was insufficient evidence relating to the fact that the purpose of Dawes was to incite the opportunity to increase violence. But in actual the judge was correct that they did not leave the loss of control defence to the jury as this was the case of evidence that he had lost control and because of this, all the fight initiated. In case, at starting only Dawes had talked and sorted the issue then this would have not been resulted in the no offence and fight. 1RvDawes(Carlos)[2013]WLR(D)130.2021.[Online].Availablethrough:< https://simplestudying.com/r-v-dawes-carlos-2013-wlrd-130/ >
With the above case, it can be evaluated that the working of crown court is good and this always result in correct and fair decision. In case, the defendant in not satisfied with the judgement then they can also go for more trial. But in actual the judgement will alwys be true and fair and this does not imply that going for other trial will change the judgement. In case the judgement provided in first trial is correct then in order trials as well the judgement will be same. PART B Discussing principles of judicial precedents by referring to court structure and hierarchy For the law, there have been a structure and hierarchy which is being created in order to promote justice. This is particularly because of the reason that when the working of the person in one court is not satisfied then they can move up within the hierarchy. It is necessary for the person to follow the hierarchy and whole structure in getting justice in proper and effective. This hierarchy or structure of the court involves starting with the tribunals. After the tribunals, come the country courts and after that the chancery division. Moreover, after this the family division come and thereafter comes the Queen’s Bench division. Further comes the high court then court of appeal and in the end comes supreme court of UK. For attaining justice, the hierarchy is being followed in the same manner and no changes are being made within this working. The precedent is being referred to as the rule of principle which is being established on the basis of the previous cases and these are binding in future as well. The doctrine of judicial precedent means assisting the court at time of taking decision by taking the help from the previous cases. This acts as a guidance to the smaller court and they can refer to the judgement of the similar case and then take decision for the present case. This judicial precedent is based on stare decisis which means to stand by the decision. This simply implies that the case must stand by the decision being held by the court2. This is necessary in case of the similar case being solved. This is particularly because of the reason that when the facts of the present case are similar to any of the older case, then it can be used in solving the present case as well. This judicial precedent is simply referred to as the fact that when one court takes any decision then both the court and other court beneath them are bound by that decision. This implies that the cases which are same are treated in alike manner only. For the effective use of judicial precedent, the most important principle to be followed is the hierarchy of court. This is 2Baccaglini, Laura, Gabriella Di Paolo, and Fulvio Cortese. "Judicial Precedent in the Italian Legal System: A Shift Toward a Stare Decisis Model?."Stanford Law School. China Guiding Cases Project(2017): 7.
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the major principle for using the judicial precedent. The reason underlying this fact is that when the hierarchy of court is not clear then the judicial precedent cannot be followed. This is particularly because of the reason that in case one court is not knowing that whose precedent they need to be follow then this will be impacting the solving of the case to a great extent. In addition to the, hierarchy of court, another thing which need to be analysed while using the judicial precedent is the law reports. For the court to use the judicial precedent it is necessary for them to have proper access to the law reports3. This is particularly because of the reason that in case the judge will not be having access to the law reports then this will be impacting the working and solution of the case. These law reports are generally published in wide variety of format and are published on different types of the platforms like England series, Weekly law reports and other published sources and official websites. All these law reports are being published and collected at one place so that any person can undertake the use of these anytime. Along with this, another key principle guiding the judicial precedent is ‘ratio decidendi’ which implies the reason or the rationale behind the decision. This is particularly because of the reason that when any judgement is being passed then there is some of the other reason for taking the decision. Hence, the judicial precedent is also based on the reason for which the decision is being taken. This is very essential to be managed because in case the reason for taking the decision will not be good then this will be affecting the decision and its after effects. Thus, before using any of the judicial precedent it is the responsibility of the person to understand the reason for taking the decision by analysing the whole case4. The understanding of the reason is very important as it may be possible the reason for taking the decision will be different and in the present case the decision will not be applicable. Thus, with this it can be implied that when the judicial precedent is used then this might involve the use of precedent by doing proper research. this is particularly essential because of the reason that when the decision of earlier case is not valid then this will be impacting the business case in wrong manner. This is particularly because of the reason that judicial precedent means 3Trappey, Charles V., Amy JC Trappey, and Bo-Hung Liu. "Identify trademark legal case precedents-Using machine learning to enable semantic analysis of judgments."World Patent Information62 (2020): 101980. 4Turmo, Araceli. "A Dialogue of Unequals–The European Court of Justice Reasserts National Courts’ Obligations under Article 267 (3) TFEU: ECJ 4 October 2018, Case C-416/17, Commission v France."European Constitutional Law Review15, no. 2 (2019): 340-358.
using the result of earlier case in the present case. In case, the decision of earlier case is not correct due to some reason then this will be affecting the current case decision as well5. The reason underlying this fact is that in case the wrong case will be analysed and used for the judicial precedent then this will make the current case wrong. Thus, the use of judicial precedent is very necessary for solving the case but along with this it is also essential for the person to include correct case as reference. PART C Reflection This, going to the court was a very good learning experience which built my skills and knowledge to a great extent. This is particularly because of the reason that visiting the court was a good learning experience. The visit to the court enhanced my practical knowledge and with this I evaluated that the theoretical knowledge is quite different from actual working. With the practical experience, I analysed that what I studied was little different with the actual practical working. For visiting the court, I took help of my friend whose father was a lawyer and they were going to court for some case. Hence, I requested them to take me along so that I can experience the actual working of court. With the live example, I analysed that in the court first the judge analyses the case and then both the parties provide for their cases in front of the judge and then they analyse all the key facts. Hence, after that the decision is being provided by the judge using the judicial precedent. For the making of the part B the use of different resources and a lot of research was conducted. This is particularly because of the reason that when the topic was to be evaluated relating to principle of judicial precedent then it was very tough. The reason pertaining to the fact that this involves a lot of research and other work and analysing the correct one was difficult. Hence, with the use of internet and laptop the detailed research was accomplished. This is particularly because of the reason that judicial precedent is a vast area and researching for this is very tough. Hence, with the help of internet the research was accomplished. After the research I evaluated that the use of judicial precedent is very important for the effective solving of the case. The reason underlying this fact is that when the similar case comes then in that case, the judge can refer to any other similar case and be considering those points, can pass the judgement. 5Zhou, Han-Ru. "Legal Principles, Constitutional Principles, and Judicial Review."The American Journal of Comparative Law67, no. 4 (2019): 899-930.
Hence, these judicial precedents act as the guidance to the judge for taking the decision relating to the present case. For the analysing and preparation of the current essay a lot of hard work was done. The reason pertaining to the fact is that there are many different types of sources which provides similar and somewhat different type of information. Hence, deciding for the better source of information was very tough. But with the help of the effective researching skill I was in position to decide for the fact that which information is of more use and which is not useful. Along with good researching skill, I also prepared for the development of time management skill6. The reason pertaining to the fact is that when the research will not be done on time then this will affect the whole project. The reason pertaining to the fact is that there is time provided to complete the project and in case it is not completed in the provided time then this might affect the working. In addition to this, the present assessment is very assistive to me in enhancing my legal studies and understating of legal system. This is particularly because of the reason that when the in depth research was done then my level of knowledge relating to legal aspect increased. This, in turn will assist me in developing and improving my skill and knowledge in legal field and ultimately will improve my score in academic life. 6Balasingam, Usharani, Lim Ghee Seong, and Chen Yeng. "ETHICS, PROFESSIONALISM AND LEGAL EDUCATION IN MALAYSIAN UNDERGRADUATE DENTISTRY: A REFLECTION ON THE CURRENT REQUIREMENTS."Journal of Health and Translational Medicine23, no. 2 (2020): 61-71.