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The Court for Crown Cases Reserved was an
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
for criminal cases established in 1848 to hear references from the
trial In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
. It did not allow a
retrial A new trial or retrial is a recurrence of a court case. A new trial may potentially be ordered for some or all of the matters at issue in the original trial. Depending upon the rules of the jurisdiction and the decision of the court that ordered ...
, only judgment on a point of law. Neither did it create a ''right'' of appeal and only a few selected cases were heard every year.


History

The Court for Crown Cases Reserved was created by the Crown Cases Act 1848, introduced in the
House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
by Lord Campbell. Under the act, after a conviction, the trial judge in a criminal case could refer the case by way of case stated to the court. A case that was reserved would then be heard by at least five judges, including at least one Chief Justice or Chief Baron. The court could only hear appeals on a point of law; it could quash a conviction, but not order a retrial or alter a sentence. It was superseded by the Court of Criminal Appeal in 1907.Cornish & Clarke (1989) ''p.''619


Notable cases referred to the court

*''
R v Prince ''Rex v. Prince'', L.R. 2 C.C.R. 154 (1875), was an English case that held the ''mens rea'' necessary for criminal liability should be required for the elements central to the wrongfulness of the act, and that strict liability should apply to the ...
'' (1875) *''
R v Coney ''R v Coney'' (1882) 8 QBD 534 is an English case in which the Court for Crown Cases Reserved found that a bare-knuckle boxing, bare-knuckle fight was an assault occasioning actual bodily harm, despite the consensual crime, consent of the partici ...
'' (1882)


References


Footnotes


Bibliography

* Former courts and tribunals in England and Wales Legal history of England English criminal law 1848 establishments in England 1907 disestablishments in England Courts and tribunals established in 1848 Courts and tribunals disestablished in 1907 {{England-law-stub