Appeal By Way Of Case Stated Notes

APPEAL TO High Court "BY WAY OF CASE STATED" From Magistrates Court - Only appropriate (rather than appeal to Crown Court) if real and substantial reasons for believing disposal in this way is in the interests of the Defendant. From Crown Court - on matters not related to trial on indictment, by way of case stated. Therefore either party may appeal to High Court where: * Defendant has appealed to Crown Court against conviction (under s108 MCA), or * Defendant has been committed to Crown Court for sentence Basis of Appeal * Usually: * Error of Law, or * Outside jurisdiction (ultra vires) * Appeals based on facts of case will generally be refused - unless: Magistrates made a finding of fact which: # is totally unsupported by the evidence, or # is one which no reasonable tribunal, properly directing itself, could have made. Appeals against sentence are rarely wrong in law or in excess of jurisdiction - rarely appealed this way (ie. usually appeal to Crown Court/Court of Appeal) * but where a sentence is outside the Magistrates' normal discretionary powers, although technically correct, High Court may be prepared to treat it as excess of jurisdiction Case Stated Must have been a "final determination" before the appeal is made - Magistrates have no power to "state" a case until trial ended. Ap must ask Magistrates Court to "state" the case - specifying the proposed Questions of law/jurisdiction on which the High Court's opinion will be asked. * P, Defendant and third party whose rights have been affected can apply for case to be stated, * If Applicant seeks to raise new matters of law/fact in appeal which are not included in the case stated, appeal will be dismissed Once application to state a case is made, the right to appeal to Crown Court is lost If same issue arises in several cases on the same day - appellants may apply for a collective case to be stated. The case must state: * the facts found by the court and * the question(s) of law or jurisdiction on which the opinion of the High Court is sought * Summary of evidence required only if one of the questions is whether there was 

Buy the full version of these notes or essay plans and more in our BPTC Criminal Litigation Notes.