Methods to avoid JP (8)

• What are the 4 methods judges use to avoid following precedent?

  FORD

  • Follow
  • Overrule
  • Reverse
  • Distinguish
• Follow

  Judges are required to follow precedent set in higher courts

  
  

  Shaw v DPP - House of Lords created an offence of outraging public morals

  Knuller v DPP - court followed decision in Shaw
• Overrule

  Court in later case decides precedent in earlier case was wrong and replaces it with a new precedent

  
  

  Can only be done by a court higher in the hierarchy

  
  

  Anderton v Ryan - court said D cannot be guilty of committing an impossible crime

  R v Shivpuri - 1 year later court overruled precedent
• Reverse

  Similar to overruling but happens within same case - case is appealed to a higher court who reverse the decision and precedent set

  
  

  Sweet v Parsley - guilty at Court of Appeal but not guilty at House of Lords
• Distinguish

  Judge decides facts of the case deciding are sufficiently different from the case where precedent was set which allows them to make an alternative decision

  
  

  Balfour v Balfour - precedent was set

  Merritt v Merritt - judge decided facts was different so didn't follow set precedent