The Criminal Procedure Rules 2020

Application to state a case E+W

35.2.—(1) A party who wants the court to state a case for the opinion of the High Court must—

(a) apply in writing, not more than 21 days after the decision against which the applicant wants to appeal; and

(b) serve the application on—

(i) the court officer, and

(ii) each other party.

(2) The application must—

(a) specify the decision in issue;

(b) specify the proposed question or questions of law or jurisdiction on which the opinion of the High Court will be asked;

(c) indicate the proposed grounds of appeal; and

(d) include or attach any application for the following, with reasons—

(i) if the application is to the Crown Court, an extension of time within which to apply to state a case,

(ii) bail pending appeal, or

(iii) the suspension of any disqualification imposed in the case, where the court can order such a suspension pending appeal.

(3) A party who wants to make representations about the application must—

(a) serve the representations on—

(i) the court officer, and

(ii) each other party; and

(b) do so not more than 10 business days after service of the application.

[F1 (4) The court—

(a) may determine the application without a hearing; and

(b) must determine the application not more than 15 business days after the time for service of representations under paragraph (3) has expired.]

(5) If the court decides not to state a case, the court officer must serve on each party—

(a) notice of that decision; and

(b) the court’s written reasons for that decision F2 ....

[Note. The time limit for applying to a magistrates’ court to state a case is prescribed by section 111(2) of the Magistrates’ Courts Act 1980. It may be neither extended nor shortened.

Under section 113 of the Magistrates’ Courts Act 1980(1), the magistrates’ court may grant an appellant bail pending appeal. Under section 81(1)(d) of the Senior Courts Act 1981(2), the Crown Court may do so. See also rule 14.7.

Where Part 34 (Appeal to the Crown Court) applies, an application to which this rule applies may be determined by a judge of the High Court, a Circuit judge, a Recorder or a qualifying judge advocate without justices of the peace: see rule 34.11 (Constitution of the Crown Court).

Under section 39 of the Road Traffic Offenders Act 1988(3), a court which has made an order disqualifying a person from driving may suspend the disqualification pending appeal. See also rule 29.2.

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Rule 35.2(4) substituted (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 20(a)(i)

F2 Words in rule 35.2(5)(b) omitted (3.10.2022) by virtue of The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 20(a)(ii)

F3 Words in rule 35.2 Note omitted (2.10.2023) by virtue of The Criminal Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/786), rule 1, Sch. para. 33

Commencement Information

I1 Rule 35.2 in force at 5.10.2020, see Preamble

(1)

1980 c. 43; section 113 was amended by section 168 of, and paragraph 44 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (c. 33) and section 165 of, and paragraph 72 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

(2)

1981 c.54.

(3)

1988 c. 53.