Specialist appeals on matters of law from the magistrates’ court to the High Court

All Contents > Appeal by way of Case Stated > Appeal Against Conviction > Appeal Against Sentence

“Appeals by way of Case Stated can be made by either the prosecution or defence and are reserved for appeals relating to matters of law”

On this page …

What is an Appeal by way of Case Stated?
What is the Administrative Court?
When can the case stated procedure be used?
What type of appeal should I use where my case was not believed?
Is there a time limit for bringing an appeal by way of case stated?
Who can apply to state a case?
Can the magistrates refuse to state a case?
Can I appeal against a refusal to state a case?
Can I appeal by way of case stated from the Crown Court as well as from the magistrates’ court?
Are there any risks involved in bringing an appeal by way of case stated?
What powers does the High Court have at an appeal by way of case stated?
Can I appeal again if I lose my appeal by way of case stated?
What is the procedure to state a case for the opinion of the High Court?
Case Stated or Judicial Review - What’s the difference?
Legal Advice for Appeals by way of Case Stated
Links to Further Information

What is an Appeal by way of Case Stated?

Most appeals from the magistrates’ court are made to the Crown Court. These are either appeals against conviction or appeals against sentence.

A less usual and more complicated type of appeal from the magistrates’ court is an appeal direct to the High Court, or more specifically to a specialist court within the Kings Bench Division of the High Court called the Administrative Court. You can read more about the Administrative Court below.

This type of appeal is known as an Appeal by way of Case Stated, meaning that an application is made to the magistrates/District judge to state a case for the opinion of the High Court on a matter of law.

Appeals by way of Case Stated can be made by either the prosecution or defence and are reserved for appeals relating to matters of law (specifically cases where it is argued that the magistrates or District Judge were wrong 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 act 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 Part 35 of the Criminal Procedure Rules. When a case has been stated (i.e. sent to the High Court), the High Court procedure to be followed is contained in Part 52 of the Civil Procedure Rules and Civil Practice Direction 52E (all of which you can find in the Further Information section below).

What is the Administrative Court?

The Administrative Court is a specialist court of the King’s Bench Division of the High Court. Case Stated appeals in the Adminstrative Court will be heard by what is known as a Divisional Court, which means a court of at least two judges (usually a High Court judge and a Lord Justice of Appeal).

Links to additional information about this court can be found in the Further Information section below.