Print Options
PrintThe Whole
Rule
PrintThe Whole
Part
PrintThis
Cross Heading
only
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
B. APPEAL BY WAY OF CASE STATED
Contents of and signature upon written application for case stated
158. A written application under Article 146 of the Order for a case to be stated for the opinion of the court of appeal shall—
(a)specify the point of law involved in the determination by the magistrates' court of the proceedings or any issue as to its jurisdiction; and
(b)be prepared and signed by the appellant or his solicitor or counsel and contain his address or that of his solicitor.
Notification of decision to grant application for case stated
159. As soon as the court grants an application for a case stated, it shall notify the parties to the proceeding of its decision to grant the application.
Preparation and contents of case stated
160.—(1) A case stated by a magistrates' court under Article 146 of the Order shall be prepared and signed by the resident magistrate or where the decision on which the case is stated was made in a proceeding brought for the prosecution of an offence specified in Part II of Schedule 1 to the Order and was heard by a justice of the peace other than a resident magistrate, by such justice.
(2) A resident magistrate or justice of the peace in preparing a case stated shall refer copies of the draft thereof to the parties to the proceeding in which the decision was made upon which the case is to be stated.
(3) Without prejudice to paragraph (1), after copies of the draft case stated have been referred to the parties under paragraph (2) any party may make written representations to the resident magistrate or justice of the peace on such draft within such time as the resident magistrate or justice of the peace may fix and a copy of the document in which such representations are made, dated and signed by the party making the same or his solicitor, shall be served by such party on any other party to the proceeding or his solicitor.
(4) A case stated by a magistrates' court shall state the facts found by the court and, unless one of the questions on which the opinion of the Court of Appeal is sought is whether there was evidence on which the magistrates' court could come to its decision, shall not contain a statement of the evidence.
Back to top