Appeal by way of case stated

Case stated appeals are appeals on a point of law.

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Case stated appeals are appeals on a point of law and these go to the Queen’s Bench Divisional Court, which in effect means the High Court sitting in its appellant jurisdiction. 

Such an appeal is usually heard by a panel of two or three High Court judges although on occasions a judge from the Court of Appeal (Criminal Division) may join them and form part of the panel.  There are limits to this route.  It can be used by both the defence against conviction but not sentence and by the prosecution but only against acquittal.

The essence of the appeal is that the Magistrates arrived at the wrong decision because they made a mistake as to the law.  The Divisional Court disposes of the appeal by either confirming the decision, or remitting (sending back) the case to the Magistrates’ Court for the Magistrates to implement the decision of the Divisional Court on the point of law.  Such appeals are few and far between.

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