The Civil Procedure Rules 1998

Appeals from the Crown Court by case stated E+W

Rule 1—(1) Except where they relate to affiliation proceedings or to care proceedings under the Children and Young Persons Act 1969(1) all appeals from the Crown Court by case stated shall be heard and determined—

(a) in any criminal proceedings, by a Divisional Court of the Queen’s Bench Division;

(b) in any other proceedings, by a single judge F1 ..., or if the Court so directs, by a Divisional Court of the Queen’s Bench Division.

(3) An appeal from the Crown Court by case stated shall not be entered for hearing unless and until the case and a copy of the judgment, order or decision in respect of which the case has been stated and, if that judgment, order or decision was given or made on an appeal to the Crown Court, a copy of the judgment, order or decision appealed from, have been filed in the Crown Office.

(4) No such appeal shall be entered after the expiration of 10 days from the receipt by the appellant of the case unless the delay is accounted for to the satisfaction of the Divisional Court. Notice of intention to apply for an extension of time for entry of the appeal must be served on the respondent at least 2 clear days before the day named in the notice for the hearing of the application.

(5) Where any such appeal has not been entered by reason of a default in complying with the provisions of this rule, the Crown Court may proceed as if no case had been stated.

Textual Amendments

F1 Words in Sch. 1 RSC Order 56 rule 1(1) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 63(b)

(1)

1969 c. 54.