SUPREME COURT AND COURT OF APPEAL AVOID FOLLOWING PRECEDENT (JP) Flashcards
What is the final court of appeal within the English legal system?
The Supreme Court (House of Lords)
The Supreme Court’s decisions are binding on all other courts.
What practice was established by the House of Lords in 1966 regarding its own previous decisions?
The power to depart from its own previous decisions when it appears right to do so
This was formalized in a Practice Statement issued in 1966.
In what case did the House of Lords rule that a defendant could be guilty even if they did not see the risk?
Caldwell v MPC
The case established an objective test for assessing guilt.
What was the key legal principle established in Caldwell v MPC?
Guilty as long as the risk was obvious, regardless of personal awareness of the risk
This principle introduced an objective standard for criminal liability.
What scenario was presented in the case of G and R?
Two young boys set fire to a wheelie bin, causing damage
The case involved evaluating the subjective awareness of risk by the boys.
How does the Court of Appeal relate to the precedent set by the Supreme Court?
It is bound by the decisions of the Supreme Court
However, it can develop its own jurisprudence within its scope.
True or False: The House of Lords was always able to depart from its previous decisions.
False
Before 1966, the House of Lords was bound by its own previous decisions.
Fill in the blank: The House of Lords issued a _______ in 1966 that allowed it to depart from its previous decisions.
Practice Statement
This statement marked a significant change in the law regarding precedent.
Is the Court of Appeal bound by the decisions of the House of Lords?
Yes, the Court of Appeal is always bound by the decisions of the House of Lords.
Under what conditions can the Court of Appeal overrule its own previous decisions?
The Court of Appeal can overrule its own decisions under three conditions:
* The previous CA decision was made per incuriam.
* There are conflicting past decisions of the CA.
* There is a later HL decision effectively overruling their earlier decision.
What is the significance of Young v Bristol Aeroplanes?
It outlines three occasions where the Court of Appeal can overrule its own previous decisions.
What was the court’s decision in Parmenter regarding conflicting past decisions?
The court had to decide whether to follow the decision of Spratt or Savage.
Can the criminal division of the Court of Appeal overrule its own previous decisions?
Yes, if it feels that the law had been misapplied or misunderstood and that following it would result in serious injustice.
What example illustrates the criminal division’s ability to overrule its own decisions?
The case of Taylor.
Fill in the blank: The risk of fire spreading was a key consideration in the __________ case.
criminal damage
