PART 15APPLICATION TO THE COURT TO STATE A CASE

Application for case to be stated92.

(1)

An application under section 149(2) to the court to have a case stated for the opinion of the High Court shall be made in writing and shall be served on the court administration officer and the appellant or the Director, as the case may be, within 21 days of the date of the decision in respect of which the application is made.

(2)

The application shall state the grounds on which the decision of the court is questioned.

(3)

On receipt of the application, the court administration officer shall as soon as practicable send it to the judge advocate who presided over the proceedings to which the application relates.

(4)

Within 14 days of receipt of the application, the judge advocate shall inform the court administration officer as to whether or not he has decided to state a case and that officer shall give notice in writing to the applicant of the judge advocate's decision.

(5)

If the judge advocate considers that the application is frivolous, he may refuse to state a case and shall in that case, if the applicant so requires, cause a certificate stating the reasons for the refusal to be given to him.