Application to state a case
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,
(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 14 days after service of the application.
(4) The court may determine the application without a hearing.
(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, if not more than 21 days later the applicant asks for those reasons.
[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 39 of the Road Traffic Offenders Act 1988(1), a court which has made an order disqualifying a person from driving may suspend the disqualification pending appeal. See also rule 29.2.
The Practice Direction sets out a form of application for use in connection with this rule.]