#4738 - Appeal By Way Of Case Stated - BPC Criminal Litigation (formerly BPTC) 2024/2025

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