Case Stated

Case Stated

Case Stated is legal function available in England and Wales to review a magistrates' court decision on a point of law. Any person who is party to proceedings before a magistrates' court may question the proceedings on the basis that the justices' 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".


Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • case stated — UK US noun [C or U] (also stated case) ► LAW a legal case (= a matter that is decided in a court of law) that is used to influence the judgment in another case that is being appealed (= someone is trying to change a previous decision): by way of… …   Financial and business terms

  • case stated — case stat·ed n: a statement agreed upon by the parties to a lawsuit that sets forth the facts of the case and the parties request for a judgment by the court based on those facts Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. case… …   Law dictionary

  • Case stated — Case Case, n. [F. cas, fr. L. casus, fr. cadere to fall, to happen. Cf. {Chance}.] 1. Chance; accident; hap; opportunity. [Obs.] [1913 Webster] By aventure, or sort, or cas. Chaucer. [1913 Webster] 2. That which befalls, comes, or happens; an… …   The Collaborative International Dictionary of English

  • case stated — noun Etymology: case (I) : an agreed statement of facts made for presentation to a court in order to obtain a decision of law upon the facts stated …   Useful english dictionary

  • case stated — /keɪs ˈsteɪtəd/ (say kays staytuhd) noun Law form of appeal on a point of law, which consists of a written statement of the facts of the case and the grounds of the decision, submitted to a higher court to obtain its opinion or judgement …  

  • case stated — See case agreed on …   Black's law dictionary

  • case stated — See case agreed on …   Black's law dictionary

  • case stated — Another term for agreed case. 3 Am J2d Agr C § 1 …   Ballentine's law dictionary

  • stated case — ➔ case * * * stated case UK }} US }} noun [C or U] LAW ► CASE STATED(Cf. ↑case stated) …   Financial and business terms

  • case — 1 n [Latin casus accident, event, set of circumstances, literally, act of falling] 1 a: a civil or criminal suit or action the judicial power shall extend to all case s, in law and equity, arising under this Constitution U.S. Constitution art.… …   Law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”