Legal Definitions - Court for Consideration of Crown Cases Reserved

The Court for Consideration of Crown Cases Reserved was a specialized historical court in England, established in 1848 and abolished in 1907. Its primary function was to review specific questions of law that arose during criminal trials, particularly after a jury had delivered a verdict.

When a trial judge in a criminal case had doubts about a legal point—such as the correct interpretation of a statute, the admissibility of certain evidence, or the proper instructions given to a jury—they could "reserve" that question for this higher court. The Court for Consideration of Crown Cases Reserved would then examine the legal issue to determine if an error had been made. If a legal error was found, it could lead to the conviction being overturned or the defendant being pardoned. After its abolition in 1907, its responsibilities were transferred to the newly formed Court of Criminal Appeal.

Here are some examples illustrating how this court would have functioned:

• Imagine a case in 1890 where a defendant was convicted of theft. During the trial, a new type of forensic evidence, such as early fingerprint analysis, was presented and admitted. After the conviction, the trial judge had significant legal doubts about whether this novel form of evidence met the established legal standards for admissibility at the time. The judge could then reserve this question of law regarding the admissibility of the fingerprint evidence for the Court for Consideration of Crown Cases Reserved. The higher court would then determine if the evidence was legally sound to be presented to the jury, and if not, the conviction might be quashed.

• Consider a scenario in 1900 where a man was found guilty of assault. The defense argued that the man acted in self-defense, but the trial judge gave the jury a complex instruction on the legal definition of "reasonable force" that was later thought to be potentially misleading or incorrect according to prevailing legal principles. After the verdict, the trial judge, recognizing the potential for a legal misdirection, could refer this specific point of law concerning the jury instruction to the Court for Consideration of Crown Cases Reserved. This court would then review whether the jury had been properly guided on the law, and if not, a legal error would be identified.

• Suppose in 1875, a factory owner was convicted under a recently enacted industrial safety law for an accident that occurred on his premises. The defense counsel argued that the specific wording of the new statute did not apply to the particular type of machinery involved. The trial judge, while allowing the case to proceed to a verdict, harbored serious reservations about the correct legal interpretation of the new statute's scope. The judge could then submit this question of statutory interpretation to the Court for Consideration of Crown Cases Reserved. The court would then provide a definitive ruling on the law's application, potentially leading to the conviction being set aside if the statute was found to have been incorrectly applied.