Judicial Precedent

Doctrine of Precedent:

• Common Law - developed from decisions of judges (R v R 1991)
• Origial Precedent - no past cases to follow, may follow decisions from similar cases
• Binding Precedent - decisions from previous law must be followed (Howe 1987)
• Persuasive Precedent - not binding but judge may decide to follow (Gotts 1992)

Supreme Court:

• Practice Statement 1966 - allows courts to depart from past precedents 
• Civil law - Herrington v British Railway Board 1972 - social change
• Criminal law - R v Shivpuri 1986 - mens rea for attempted offence…