reasons for system of JP - model answer

• Judicial precedent is a system that requires judges to follow decisions made on the same points of Law by higher courts in earlier cases. The earlier case sets a precedent which judges in subsequent cases are obliged to follow. It is based on the principle of stare decisis (let the decision stand).
• An advantage of this system is that it makes English Law certain and predictable. With over half a million judicial precedents operating in the English Legal System, there are few areas of Law where a precedent does not already exist. English Lawyers are able to give advice to their clients with a very high level of certainty. This has had a direct impact on the workings of the criminal and civil courts.
• In the criminal courts the certainty of precedent results in over 80% of defendants pleading guilty to the charges put before them. In the civil system as the outcome of most cases is predictable, over 90% of civil disputes are settled out of court, thereby avoiding huge and futile court costs.
• Another advantage if this system is that Precedent creates detailed Law. English Statute Law (Acts of Parliament) tends to be written in general terms, often with very little detail relating to the actual working of the Law. The actual detail of the Law is created through judicial precedent, based on real cases and real people. For example, Parliament could not have anticipated the bizarre events in R v Collins 1972 (Collins being mistaken for the victim's boyfriend).
• However, through precedent the courts can deal with the detail of the Law on a case-by-case basis. This allows for unforeseen eventualities to be included in the Law as necessary.
• A further advantage is that Precedent creates flexibility within the Law. Acts of Parliament are written in general terms which allows the courts to reinterpret the Law as new legal situation arise. This means that English statute Laws can often operate for long periods of time, as the courts, through precedent, constantly update the Law. For example the Offences Against the Person Act 1861 created the offence of grievous bodily harm (GBH). In the 1860's this covered physical injuries and wounding.
• In the mid 1990's the cases of Ireland, Burstow and Constanza resulted in the courts recognising mental injury for the first time, as a form of GBH. In 2003 the Law was further developed when the case of Dica recognised biological injury for the first time as a type of GBH. These developments have made the Law stronger and more applicable and, now, are common place due to Precedent.
• A final advantage is that the Law is consistent. The concept of 'stare decisis' means that once established the courts should follow a judicial precedent for as long as possible. Some precedents operated for several hundred years and as

  'good Law'. Even if the precedent is unpopular, the rule has been fairly and consistently applied to all people who find themselves in similar legal situations.
• An example of this would be the M'naughten precedent of 1843 which establishes the rules relating to criminal insanity under English criminal Law. Even though the rules were unpopular as they labelled common conditions such as diabetes and epilepsy as causes of criminal insanity, the rules were still fairly applied for over 160 years.
• As such, it is clear the Judicial Precedent system operated in the UK Courts holds many advantages to the Judicial system. The predictability and detail of the Law allows for a consistent, considered approach, whilst also allows the flexibility of Judicial interpretation so that the Law is applied as accurately as possible.