Appeals by Way of Case Stated

As things currently stand every person convicted by the Magistrates' Court has an automatic right of appeal to the Crown Court.

This has been the subject of a previous article. Appeals to the Crown Court are by far the most common type of appeal. They are generally pretty quick, easy and cost-effective for everyone concerned.

The Crown Court has the power to revoke, vary or affirm any order or sentence imposed by the Magistrates' Court. It can impose a new sentence provided that it remains within the powers available to the Magistrates' Court at the original time of conviction.

Introduction:

Appeal to the Crown Court is only available to the defence, so what happens if the prosecution is aggrieved at a decision taken by the Magistrates' Court?

A second route of appeal is by way of case stated, which involves sending details of the case to the High Court for further consideration. This invariably takes longer and is more costly than an appeal to the Crown Court, but it is the only option available if the prosecution wishes to pursue the matter.

Grounds:

Appeal by way of case stated is only suitable if either party wishes to appeal against a perceived error of law or act that is "ultra vires" on the part of the Magistrates' Court. It is not, save for the most perverse of cases, an avenue for appeal simply because a party disagrees with a decision of fact taken by the Magistrates' Court.

An appeal by way of case stated might be appropriate if the Magistrates' Court:

• Somehow misapplies the law applicable to the offence;
• Wrong orders the exclusion or admissibility of evidence;
• Incorrectly determines a submission of no case to answer.

An appeal by way of case stated can only be made after the conclusion of proceedings in the Magistrates' Court. 

Procedure:

The appellant has to make an application within 21 days of the final decision of the Magistrates' Court. This is done by writing to the Clerk of the Magistrates' Court concerned, setting out the matters of grievance and question of law to be stated.

The Clerk, in conjunction with the Bench concerned, will then draft a statement of case. This is a document setting out the circumstances of the case, the decisions of the court and the views of each party on the matter of grievance. The draft statement will then be shared with the parties for them to check and suggest any amendments before it is finalised.

The Clerk will then send the finalised statement of case to the appellant, for it to submit to the High Court for consideration.

Hearing:

The appeal is heard by the Divisional Court of the High Court King's Bench Division. The court usually consists of three High Court Judges.

The court will consider the statement of case and hear legal representations from the parties. No new evidence will be admitted.

Decision:

If the court allows the appeal then it has the power to revoke, vary or affirm any decision made by the Magistrates' Court. It also has the power to remit matters back to the Magistrates' Court for a new hearing before a different Bench; or with a direction that the Magistrates' Court either convicts or acquits the defendant.

Further appeal:

If either party disagrees with the decision of the High Court, it can seek leave to appeal directly to the Supreme Court (the so-called "leap frog" procedure, which omits the Court of Appeal). Such a further appeal will only be allowed on a point of law and in the general public interest.

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