Where Can a Case Be Reviewed Again
Entreatment by mode of Case Stated
Appeals from the magistrates' court to the High Courtroom
"Appeals by way of Case Stated tin be fabricated by either the prosecution or defence and are reserved for appeals relating to matters of constabulary"
What is an Appeal by way of Example Stated?
Almost appeals from the magistrates' court are made to the Crown Court. These are either appeals confronting conviction or appeals against sentence.
A less usual and more complicated type of appeal from the magistrates' courtroom is an appeal direct to the High Courtroom, or more specifically to a specialist court inside the Queen's Bench Sectionalization of the High Court chosen the Administrative Courtroom. Yous can read more about the Authoritative Courtroom beneath.
This type of entreatment is known as an Appeal by way of Case Stated, meaning that an awarding is made to the magistrates/District judge to land a instance for the opinion of the High Court on a thing of law.
Appeals by way of Case Stated can exist made by either the prosecution or defence and are reserved for appeals relating to matters of constabulary (specifically cases where it is argued that the magistrates or Commune Guess were incorrect in how they interpreted or applied the law, or that they acted in excess of their jurisdiction, i.e. they did not have the power to human action as they did).
The power to bring this type of appeal is contained in sections 111 to 114 of the Magistrates' Courts Act 1980 and the procedure is in Role 35 of the Criminal Process Rules. When a case has been stated (i.due east. sent to the High Court), the High Court process to be followed is independent in Part 52 of the Civil Procedure Rules and Civil Exercise Direction 52E (all of which you tin find in the Further Information section below).
What is the Authoritative Courtroom?
The Administrative Court is a specialist court of the Queen's Bench Division of the High Courtroom. Instance Stated appeals in the Adminstrative Court will be heard by what is known as a Bounded Courtroom, which means a court of at to the lowest degree two judges (commonly a Loftier Court judge and a Lord Justice of Appeal).
Links to additional information about this court can be found in the Further Data section below.
When can the case stated procedure be used?
An appeal by way of case stated is reserved for appeals relating to matters of law. This refers to those cases where it is argued that the magistrates or District Gauge were incorrect in how they interpreted or practical the police, or that they acted in excess of their jurisdiction, i.e. they did not have the power to act as they did.
An example is the example of Isle of Wight Council v Platt [2016] EWHC 1283 (Admin) in which a father received a stock-still penalty notice for taking his daughter on holiday during school term time, an offence under s.444 Education Deed 1996 which provides in s.1(i): 'If a kid of compulsory school age who is a registered pupil at a school fails to nourish regularly at the school, his parent is guilty of an offence.'
The father did not pay the stock-still penalization, so the case proceeded to trial at the magistrates' courtroom. At the magistrates' court the defence solicitor made a submission of no case to answer, arguing that although information technology was accepted that the daughter had been absent from school, this existence the menstruum of time over which the accuse was framed, nonetheless an offence under southward.444 was committed simply where the child had not attended school 'regularly'. In this case, it was argued, she had attended regularly. The omnipresence register showed attendance at 92.3%.
The magistrates agreed, finding there was no case to reply. The case was dismissed so the begetter was institute not guilty. The prosecution so appealed, past applying to land a instance for the stance of the High Court on the basis that the magistrates had fabricated an error in their interpretation of the police force. The Administrative Court reached the conclusion that the decision reached by the magistrates was one which was reasonably open to them and therefore the decision to dismiss the case would stand.
"The Platt instance is a good example of the type of case which is suitable for an entreatment by way of case stated, there existence no dispute about the facts of the case, merely a dispute about the interpretation of the law. "
Unfortunately for the father, the prosecution then appealed over again (to the Supreme Court) where it was found that 'regularly' meant 'in accordance with the rules prescribed by the schoolhouse'. His case was sent back to the magistrates' court for some other trial and the magistrates, applying the police as defined by the Supreme Court, bedevilled him and sentenced him to a 12 month conditional discharge, plus a large sum in costs.
The Platt example is a good example of the type of case which is suitable for an appeal past way of case stated, there existence no dispute about the facts of the example, merely a dispute about the interpretation of the law.
What type of entreatment should I employ where my case was non believed?
Where there is a factual dispute which resulted in confidence, the appropriate type of appeal is an appeal confronting conviction to the Crown Court.
"If the accused is convicted and wants to appeal, feeling that his version should have been accepted, the appropriate appeal is one against conviction to the Crown Court. "
In many cases, the magistrates take to make up one's mind which evidence they prefer, or believe. For example, in an assail example, do they adopt the prosecution prove that the defendant walked up to the complainant and punched him in the face, or do they prefer the defence prove that the complainant was the agressor and the accused punched him to protect himself in lawful cocky-defence? If they are sure of the prosecution version, they volition captive; if less than sure, they will acquit. If the defendant is convicted and wants to appeal, feeling that his version should take been accepted, the advisable entreatment is ane confronting conviction to the Crown Court. This type of appeal is by manner of a re-hearing, then the trial is heard again at the Crown Court entreatment.
Fifty-fifty where in that location is a dispute which is partly on the facts and partly on the law, the ordinary route of entreatment to the Crown Court should be used. An application to state a case which is based on disputed findings of fact is therefore likely to be refused. For this reason, if the defendant is acquitted but the prosecution feel that the prosecution factual show should have been accepted, they take no right of appeal bachelor. An exception to this general rule that matters of fact cannot be considered in appeals by way of example stated is where information technology is claimed (past either the prosecution or defence) that no reasonable magistrates/District Approximate could take reached the decision they did from those facts presented to them.
Given that appeals by way of case stated usually concern matters of law, it is rare that a defendant'due south judgement is ever considered in such an appeal, unless the sentence itself relates only to the interpretation of a statute or other legal thing, or information technology is argued that the sentence imposed was outside the powers of the magistrates/District Judge. Nonetheless, the usual and most straightforward route of entreatment would be against judgement to the Crown Court.
Is there a time limit for bringing an appeal by way of example stated?
An application to state a case must be made within a strict time limit of 21 days afterward the day on which the decison is given. Where the court has adjourned the trial after conviction, this ways the solar day on which the court sentences the defendant or otherwise deals with him/her (see s.111(two) and (3) of the Magistrates' Courts Act 1980).
This ways that a case must exist finally adamant before the Case Stated procedure tin can be used.
Where the case has non been finally determined (and so that an application to country a case cannot be made), an application for judicial review could be fabricated to challenge a decision on a matter of law where it would not otherwise be possible to await for the case to conclude. An example of this can be seen in the judicial review section below.
No extension of time can be given when y'all are applying to the magistrates' court to land a case. Still, if your accept appealed from the magistrates' court to the Crown Court against judgement or conviction and you wish to appeal by way of case stated from the Crown Court decision, the Crown Courtroom does have discretion to extend the time limit, although an extension of time will exist considered the exception rather than the rule.
You can read more most appeals by mode of case stated from a case heard on appeal to the Crown Courtroom below.
Who can apply to state a case?
Appeals by way of example stated can be brought exist either the prosecution or defence. This is dissimilar to the usual type of appeal against conviction or judgement to the Crown Court because these appeals are bachelor merely to the defence force (except in very limited circumstances where a particular statute allows information technology, such every bit in environmental nusance cases under the Environmental Protection Act 1990, Schedule 3, s.ane(3)).
"The case stated process is oftentimes used by the prosecution where they take the view that the law has been wrongly interpreted and requires clarification. The benefit of success in such an appeal is that the High Courtroom volition often define the law, which in turn creates a precedent for how the magistrates' courtroom should apply it in the future in all similar or relevant cases. "
In fact, the ability to appeal by way of case stated (independent in s.111(1) Magistrates' Courts Human action 1980) extends to "Any person who was a party to any proceeding before a magistrates' court or is aggrieved past the confidence, order, determination or other proceeding of the court". For this reason, other parties direct affected past a decision in the magistrates' court may utilise this process.
Information technology is a matter of fact and degree who 'a person aggrieved' is and the Act does not further define what this means, just some assistance may exist gleaned from the words of Lord Denning in the instance of Attorney-General of The gambia 5 N'Jie [1961] AC 617 (a case concerning the same words but contained in a different statute and context) where he said, "The words 'person aggrieved' are of wide import and should not be subject to a restrictive interpretation. They do non include, of class, a mere busybody who is interfering in things which practice not concern him: but they practise include a person who has a 18-carat grievance because an social club has been made which prejudicially affects his interests."
The case stated procedure is often used by the prosecution where they have the view that the constabulary has been wrongly interpreted and requires description. The benefit of success in such an appeal is that the Loftier Court will often ascertain the police, which in plow creates a precedent for how the magistrates' courtroom should use it in the future in all similar or relevant cases.
Can the magistrates turn down to state a case?
The magistrates/Commune Approximate can reject to country a case where they consider the application to exist 'frivolous' (s.111(5) Magistrates' Courts Human action 1980). 'Frivolous' in this context does not have its everyday meaning of carefree or lite-heated, merely instead has been defined to hateful 'futile, misconceived, hopeless or bookish' (Mildenhall Magistrates' Court, ex parte Woods Heath Commune Council [1997] EWCA Civ 1575).
Tin I appeal against a refusal to land a example?
Refusal to country a case can exist challenged past an application to the Adminsitrative Courtroom for Judicial Review of that determination, with a view to seeking an order to compel the magistrates/District Estimate to state the case (known as an order of mandamus).
As a general proposition, judicial review can exist sought where the decision complained of is irrational, procedurally unfair or incorrect in law. Like applications to land a instance, judicial review can be legally and procedurally circuitous and legal advice is strongly recommended.
Tin can I appeal by manner of instance stated from the Crown Court besides as from the magistrates' court?
In criminal cases, the Example Stated procedure is bachelor but in cases which are dealt with in magistrates' court. Even so, where the instance is heard beginning in the magistrates' courtroom, merely an appeal against conviction and/or sentence and so follows in the Crown Court, an application to state a case can be made to the Judge/Magistrates who heard the Crown Court appeal. A Crown Court which is hearing an appeal from the magistrates' court is said to be interim in its appellate capacity.
When an application to land a case is made to the Crown Courtroom interim in its appellate capacity, the power to make the awarding is independent in s.28 of the Senior Courts Deed 1981. Part 35 of the Criminal Procedure Rules, Role 52 of the Civil Procedure Rules and Ceremonious Do Direction 52E still utilize (see Further Data section below).
Section 28 is in similar terms to the power nether s.111 Magistrates' Courts Act 1980, except that it extends the correct of appeal merely to 'any party to the proceedings' (i.e. the prosecution or defence).
Case stated applications are not available for the overwhelming bulk of other work carried out by the Crown Court, including Crown Court trials and sentences. The usual route of appeal from the Crown Court is an appeal confronting conviction and/or an appeal confronting sentence to the Court of Appeal (Criminal Division).
Are in that location any risks involved in bringing an appeal by way of instance stated?
The main run a risk in following the Case Stated procedure is that, once the application is fabricated, the correct of appeal to the Crown Courtroom is lost (s.111(4) Magistrates' Courts Act 1980). This is worth begetting in listen, given that yous are nonetheless able to apply to country a case from the Crown Court if your appeal is unsuccessful. This gives y'all two bites of the cherry-red, so to speak, commencement to the Crown Court and so to the High Court.
This applies only to the defense, since in the overwhelming majority of cases the prosecution has no right of appeal to the Crown Court and therefore is restricted to appeals to the High Court where at that place are appropriate grounds.
Although Case Stated applications are reserved for matters of police force, appeals from the magistrates' courtroom on strict matters of law (as opposed to factual or mixed law/factual appeals) tin as well be made to the Crown Courtroom, so it should not be idea that legal arguments are only for the High Court.
It is also worth bearing in mind that appeals to the Crown Court confronting conviction and/or sentence are relatively straightforward procedurally, whereas appeals by way of instance stated can be procedurally complex. As is ordinarily the example, where at that place is complexity legal costs can escalate. In the event of the application beingness unsuccessful, this tin can besides issue a big beak for costs from the winning side.
What powers does the High Court have at an appeal past mode of case stated?
The High Court can reverse, affirm or improve the decision of the Magistrates/District Judge (or of the Crown Court when interim in its appellate capacity) and can send the case dorsum to the magistrates' court, or the Crown Courtroom, with its opinion.
In the normal class of events, the High Court will requite its opinion on the matter in question, which is usually its estimation of the police. This interpretation and then becomes bounden equally a precedent for the lower courts to follow. If the High Courtroom agrees with the court below, the original decision will stand. If non, the case will usually exist sent back to the magistrates' courtroom (or Crown Court if it arises from an appeal) for the example to be heard once again, this time with a direction to utilise the law as interpreted by the High Courtroom.
Can I appeal again if I lose my appeal by way of case stated?
If the instance is lost in the Loftier Court, the next route of entreatment is to the Supreme Court. This is what happened in the Platt case to a higher place (go to 'When can an entreatment by way of example stated be used?' to read more well-nigh this).
There is no automatic right of appeal to the Supreme Court. Department 1 of the Adminsitration of Justice Act provides that permission (known equally go out) to appeal to the Supreme Court must exist obtained either from the High Court or, if refused, from the Supreme Court. This permission requires the court to certify that a signal of police of general public importance is involved in the decision and the point is one which ought to be considered by the Supreme Court.
At that place is no route of entreatment to the Court of Entreatment post-obit an unsuccessful appeal by way of case stated.
What is the process to state a case for the stance of the High Courtroom?
-
The process begins past applying to the magistrates/District Guess to state a case for the opinion of the High Court. The process is contained in Part 35 of the Criminal Procedure Rules (see links to all the relevant rules and the form to be used in the Further Information section below).
The awarding must exist made in writing and volition gear up out the conclusion complained about, the question(due south) of law for the High Court to reply and the grounds of appeal (i.e. the specific arguments avant-garde equally to why the magistrates or Commune Judge made an error of police or acted in excess of their powers). The awarding is then served on the magistrates' court and every other party involved in the case (due east.g. if information technology is a defence application it must be served on the court, the prosecution and whatsoever other defendant). These other parties and so have a correct to answer inside 14 days.
-
If the court agrees to state the instance for the opinion of the High Court, the legal adviser to the magistrates, or the District Judge, will formulate a draft case for the High Court which includes the conclusion complained of, the question(s) to be considered and a summary of the nature and history of the case, any relevant findings of fact that were made in the magistrates' court and a summary of the arguments put forrard by the parties. This typhoon is and so served on the parties before it is sent to the High Court (to let further representations to be made nearly its contents if required).
-
Once the stated case is served on the parties by the magistrates' court, the civil procedure rules take over, likewise as Practice Direction 52E, and the party making the application must serve the case on the Authoritative Court within 10 days. Time limits for serving documents as contained in the rules and do management must exist observed, although an application may exist made to extend these, failing which the case could be struck out if a time limit is missed. It is worth noting that the initial 21 day time limit for making the application cannot exist extended if the application is fabricated to the magistrates' court, just it tin be extended if the awarding is made to the Crown Court following an appeal.
-
If the awarding to state a case is against a decision made by the Crown Court on appeal, the process is the same except the awarding is served on the Crown Court rather than the Magistrates' Court. (This means the decision to state a case or to decline to practice so is fabricated by a Crown Courtroom gauge and the typhoon example is formulated by the Crown Court judge rather than the magistrates' legal adviser or the District Gauge).
-
In most cases, the rules allow for an application to exist made for bail or the pause of a disqualification pending the High Courtroom hearing. The class has a infinite for details of these applications to be entered.
-
The parties will be notified past the High Court when the case will be listed for a hearing. At the hearing, the party bringing the entreatment (the appellant) will make their submissions and the political party opposing them (the respondent) will do likewise. Since the hearing is a legal argument, no testify is called. The magistrates/Commune Judge from the original hearing (or the gauge/magistrates from a Crown Court appeal) volition not be present, although in some cases counsel may be instructed to make submissions on their behalf. Having heard the arguments for both sides, the court volition and so deliver its judgment, either immediately or at a subsequently time.
Example Stated or Judicial Review - What'southward the difference?
An application for judicial review (JR) of a magistrates' court decision may exist fabricated to challenge an fault of constabulary or an act in excess of the magistrates'/Commune Judge's jurisdiction. The same applies to decisions of the Crown Courtroom on hearing an appeal from the magistrates' court.
To this extent there is a considerable overlap between Case Stated and JR, except JR goes further and includes situations where it is suggested at that place has been unfairness, bias or the right procedure has not been followed.
Where a instance tin properly be pursued by manner of case stated, so this is the route which should exist followed. If non, the JR route can exist used.
Since an application to state a example can be fabricated merely when the case is finally adamant, where where there is a need to challenge a decision made before the case is ended, an application for judicial review tin exist fabricated.
An case of this is the instance of R v Scunthorpe Justices, ex p. Grand & 1000 [1998] EWHC 228 (Admin) in which two immature defendants who had been charged with robbery each offered to plead guilty instead to 1 accuse of theft and another of common assail. The prosecution accepted this offering. Since common attack is a summary only offence, the charge must exist brought inside half dozen months of the date of the offence. At the magistrates' court, on communication from the justices' legal adviser, the magistrates refused to accept that a guilty plea to common assault could be entered because more than vi months had elapsed by this stage.
A Case Stated awarding could not be made to bargain with this, since the example had not been finally determined. The problem was that the refusal of the magistrates to permit the plea to exist entered meant that the defendants, both youths, were being denied the opportunity to plead guilty to alternative and lesser offences and, in effect, were being compelled to face the more serious charge of robbery. For this reason, an awarding was made to the Administrative Court to judiciallly review the magistrates' decision on the footing that they had misinterpreted the law. The consequence was that the refusal to let the amendments was quashed. The case and so returned to the magistrates' court where the guilty pleas to common assault and theft were duly entered.
Legal Advice for Appeals by mode of Instance Stated
Appeals based on matters of law are often, by their nature, complex and crave considerable enquiry and conscientious drafting.
As noted above, appeals by style of example stated are besides procedurally complex, far more than so than the usual appeal from the magistrates' court (i.e. appeals against confidence and/or sentence to the Crown Court).
There are significant potential pitfalls if you lot launch an entreatment which is legally flawed. It ways y'all are likely to lose, fifty-fifty if you take a claim which has some underlying merit. Similarly, failing to follow court procedures tin effect in your example being struck out, without even having the chance to be heard. This can striking you in the pocket by mode of an order to pay the costs of the other side.
For these reasons it is important to obtain legal advice earlier starting the appeal process. Many lawyers (barristers and solicitors) will be happy to advise you simply on this aspect of your case even if you do not desire to instruct a lawyer to represent yous at the appeal hearing itself.
Y'all may also be interested in …
Majestic Courts of Justice - click epitome for case list
Regal Courts of Justice, Strand, London WC2
Defence-Barrister.co.united kingdom of great britain and northern ireland | Surviving the Criminal Courts
Source: https://www.defence-barrister.co.uk/appeal-by-way-of-case-stated
0 Response to "Where Can a Case Be Reviewed Again"
Post a Comment