BPP Study Manual Chapter 3 Flashcards
Who is the LC and what is their role?
the Lord Chancellor - the Secretary of State for Justice
What roles are there in the Supreme Courts?
- President of the Supreme Court
- Deputy President of the Supreme Court
- Lord Justices of the Supreme Court
What authority means the SC isn’t bound by its own decisions?
Practice Statement 1966
What must the SC be wary of when departing from its previous decisions?
- danger of retrospectively disturbing financial arrangements and property rights
- need for certainty in criminal law
Give an example of the HoL overturning its own decisions
in R v Shivpuri [1987] the HoL overturned Anderton v Ryan [1985]
When did the SC state its opinions on following its previous decisions, and what were they?
in Austin v Mayor and Burgesses of the London Borough of Southwark [2010] the court stated it did not need to restate the Practice Statement [1966] but that it agreed with it.
When was the Court of Appeal split into Criminal and Civil sections?
1966
Who is the MR? What is their role?
Master of Rolls - Head of Civil Division of Court of Appeal
What is a LJ and where do they normall sit?
a Lord Justice - normally in CoA
What authority allows the CoA to ignore its previous decisions?
Young v Bristol Aeroplane Co. Ltd. [1944]
In what case did the CoA try to challenge a SC decision by claiming it was reached ‘per incuriam’?
Cassell and Co ltd. v Broome [1972]
What broke the High Court into three divisions?
Administration of Justice Act 1970
What four acts currently govern the High Court?
- Senior Courts Act 1991
- Courts and Legal Services Act 1990
- Civil Procedure Act 1997
- Civil Procedure Rules 1998
What are the titles of the heads of the High Court divisions?
- Queen’s Bench: President
- Family Division: President
- Chancery Divions: Chancellor of the High Court
Give an example case that demonstrates how a long line of High Court decision are persuasive
Rylands v Fletcher [1866]
What authority governs leapfrogging cases?
Adminstration of Justice Act [1969]
What authority determined what matters are too serious to be hear in the county court?
the Practice Direction [1991]
Who is the LCJ? What is he head of? Where does he sit?
Lord Chief Justice - the Head of the Judiciary and the Head of Criminal Justice. Also the President of the Courts of England and Wales. He sits in the Court of Appeal (Criminal)
Is the Court of Appeal (Crim) bound by its own decisions? What authority controls this?
Usually, unless the court believes that following the previous decision would unfairly convict someone. R v Taylor [1950]
What determines whether a case can go to the SC from the CoA (Crim)? What authority?
Due to Criminal Appeal Act 1968
- CA Crim must certify that a point of law of public importance has been raised
- CA Crim or SC must be satisfied that the point of law is one which should be considered in the SC
What allows the CA to quash the acquittal of anyone convicted of a ‘serious offence’?
Criminal Justice Act 2003
Give an example of an important Privy Council case
Grant v Australian Knitting Mills [1936]
Which Privy Council decision was preferred to which HL decision? In which case?
In R v James; R v Karimi [2006]:
Her Majesty’s Attorney General for Jersey v Holley [2005] was preferred to R v Smith (Morgan) [2001]
