Understanding the Role of Crown Court and Principles of Judicial Precedents

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.

Court Report

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.
1 R v Dawes (Carlos) [2013] WLR(D) 130. 2021. [Online]. Available through: <
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
2 Baccaglini, 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.

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
3 Trappey, 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 Information 62 (2020): 101980.
4 Turmo, 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 Review 15, 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.
5 Zhou, Han-Ru. "Legal Principles, Constitutional Principles, and Judicial Review." The American Journal of
Comparative Law 67, 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.
6 Balasingam, 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 Medicine 23, no. 2 (2020): 61-71.