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Mechanics of precedent - Crown Courts, County Courts, Magistrates' Courts

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Crown Court

Crown Court can only create precedent when a High Court judge is sitting

Crown Court judges rulings on points of law are persuasive authority (unless made by judges of the High Court sitting in the Crown Court), are not binding precedents. There is no obligation on the part of other Crown Court judges to follow them.

Since inconsistent Crown Court decisions may produce uncertainty in the criminal law it is desirable that an appellate court resolve any conflict as quickly as possible.

 

County courts and magistrates' courts

The decisions of these courts are not binding

They are rarely important in law and are not usually reported in the law reports.

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