Case Stated
Encyclopedia
Case stated is an appeal mechanism, a legal function, available in England and Wales
to review a magistrates' court
decision on a point of law. It is a statement of facts prepared by one court for the opinion of another on a point of law.
Any person who is a party to proceedings before a magistrates' court may question the proceedings on the basis that the magistrates erred in law. The application to state a case must be made within 21 days to the appropriate magistrates' court. The decision as to whether to state a case is made by the Justices or District Judge
who can allow or refuse the application.
If the application is granted, the matter is referred to the High Court
in the form of questions for the judge
to determine. This usually takes the form "were we/was I correct to..." and then the specified aspect of law to which the appeal relates. If the application to state a case is refused the applicant could seek redress by judicial review
. The High Court will determine whether or not the law was correctly applied. If the appeal is upheld, the High Court will refer the case back to the appropriate magistrates' court with directions to correct its decision. Otherwise, the appeal would be dismissed.
If an appeal has gone initially from the magistrates' court to the Crown Court
, the power to case state any legal decisions taken by the Crown Court arises. There is, however, no power to case state any cases dealt with by the Crown Court after committal or sending for trial, transfer or committal for sentence.
An application for the court to state a case cannot be made until the court is functus officio
.
A similar function is available for the courts of the Republic of Ireland
, where a District Court judge may consult the High Court, or a Circuit Court judge may consult the Supreme Court on a point of law. The case stated is expressed in terms of one or more questions.
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
to review a magistrates' court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
decision on a point of law. It is a statement of facts prepared by one court for the opinion of another on a point of law.
Any person who is a party to proceedings before a magistrates' court may question the proceedings on the basis that the magistrates erred in law. The application to state a case must be made within 21 days to the appropriate magistrates' court. The decision as to whether to state a case is made by the Justices or District Judge
District Judge
District Judge may refer to*A member of the Judiciary of England and Wales*A United States federal judgeNormally concerned with the civil law. I.e. Families, bankruptcy, property etc....
who can allow or refuse the application.
If the application is granted, the matter is referred to the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
in the form of questions for the judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
to determine. This usually takes the form "were we/was I correct to..." and then the specified aspect of law to which the appeal relates. If the application to state a case is refused the applicant could seek redress by judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. The High Court will determine whether or not the law was correctly applied. If the appeal is upheld, the High Court will refer the case back to the appropriate magistrates' court with directions to correct its decision. Otherwise, the appeal would be dismissed.
If an appeal has gone initially from the magistrates' court to the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
, the power to case state any legal decisions taken by the Crown Court arises. There is, however, no power to case state any cases dealt with by the Crown Court after committal or sending for trial, transfer or committal for sentence.
An application for the court to state a case cannot be made until the court is functus officio
Functus officio
Functus officio, Latin for "having performed his office," is a legal term used to describe a public official, court, governing body, statute, or other legal instrument that retains no legal authority because his or its duties and functions have been completed...
.
A similar function is available for the courts of the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, where a District Court judge may consult the High Court, or a Circuit Court judge may consult the Supreme Court on a point of law. The case stated is expressed in terms of one or more questions.