Criminal courts
The most important criminal courts, in ascending order of
importance, are:
-the magistrates’
courts;
-the Crown
court;
-the Queen’s Bench Division of the High Court;
-the House of Lords.
House of Lords
As in civil cases, the House of Lords is not bound by its own
previous decisions, but its decisions are binding on all lower
courts.
Court
of Appeal – Criminal Division
A decision of the Court of Appeal – Criminal Division
is binding on all lower courts. In general it can overrule
its own previous decision given against a defendant, but not
in his favour. However, a ‘full court’ (of five
judges) can overrule a previous decision of an ordinary court.
The court is not bound by decisions of the Court of Appeal
– Civil Division, but it is bound by decisions of the
House of Lords.
In R v. Gould (1968) the defendant was convicted of bigamy
when he went through a ceremony of marriage in the mistaken
belief that a decree nisi of divorce in respect of his former
marriage had been make absolute.
Although in an earlier case
the Court of Criminal Appeal had held that a reasonable belief
in the dissolution of a previous marriage was no defence,
his appeal against conviction was allowed. In giving judgment
Diplock, L.J. said that in its criminal jurisdiction the Court
of Appeal does not apply the doctrine of precedent as rigidly
as in its civil jurisdiction, and if it is of the opinion
that the law has been misapplied or misunderstood it will
depart from a previous decision.
Where, in a criminal matter, an appeal lies direct from the
Divisional Court of the Queen’s Bench Division of the
High Court to the House of Lords, the Divisional Court is
not bound by the decisions of the Court of Appeal –
Criminal Division.
Crown
Court
A decision of the Crown Court is not binding, but is of persuasive
influence. The court is bound by decisions of the House of
Lords and of the Court of Appeal – Criminal Division.
Magistrates’
courts
Magistrates’ courts are bound by the decisions of higher
courts, except that they are not bound by the decisions of
the Crown Court hearing appeals from magistrates’ courts.
Cases heard in the magistrates’ courts never create
precedents.
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