case-stated appeals

Cards (6)

  • case stated appeals are appeals on a point of law that go to the King's Bench division either from the magistrate's court directly or following an appeal to the crown court.
  • Both the prosecution and defence can make a case-stated appeal
  • The magistrates, or crown court, are asked to state the case by setting out their findings of fact and their decision. the appeal is argued based on what the law is on those facts; no witnesses are called. The appeal is usually heard by a panel of 2 to 3 judges
  • The approach will be that htem agistrates came to a wrong decision as they made a mistake about the law. the divisional court can confirm, vary or reverse the decision, or send it back to the magistrates to implement the decision on the law.
  • What is the significance of the case of C v DPP?
    It shows how case stated appeals can go to the supreme court
  • What case shows how case-stated appeals can go to the supreme court?
    C v DPP