- Latest available (Revised)
- Point in Time (08/02/2021)
- Original (As made)
Version Superseded: 03/10/2022
Point in time view as at 08/02/2021. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
The Criminal Procedure Rules 2020, Section 35.2 is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
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.
(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 15 business 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 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.
The Practice Direction sets out a form of application for use in connection with this rule.]
Commencement Information
I1Rule 35.2 in force at 5.10.2020, see Preamble
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).
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: