The Criminal Procedure Rules 2005

Consideration of a draft case by a magistrates' court

64.2.—(1) Within 21 days after receipt of an application made in accordance with rule 64.1, a court officer for the magistrates' court whose decision is questioned shall, unless the justices refuse to state a case under section 111(5) of the Magistrates' Courts Act 1980, send a draft case in which are stated the matters required under rule 64.6 (content of case stated) to the applicant or his legal representative and shall send a copy thereof to the respondent or his legal representative.

(2) Within 21 days after receipt of the draft case under paragraph (1), each party may make representations thereon. Any such representations shall be in writing and signed by or on behalf of the party making them and shall be sent to the magistrates' court officer.

(3) Where the justices refuse to state a case under section 111(5) of the 1980 Act and they are required by a mandatory order of the High Court under section 111(6) to do so, this rule shall apply as if in paragraph (1)—

(a) for the words “receipt of an application made in accordance with rule 64.1” there were substituted the words “the date on which a mandatory order under section 111(6) of the 1980 Act is made”; and

(b) the words “unless the justices refuse to state a case under section 111(5) of the 1980 Act” were omitted.

[Note. Formerly rule 77 of the Magistrates' Courts Rules 1981.]