Appeals by way of case stated

Question 1

who can use this appeal route? What decisions can be appealed?

Answer 1

D + P can appeal a MC or CC decision

Question 2

what are the grounds for appeal?

Answer 2

o Decision was wrong in law (i.e. no reasonable court would have made the decision); or
o The court acted outside jurisdiction

Question 3

what is the procedure to make an appeal?

Answer 3

Must apply within 21 days of decision.
o No EOT for MC decision but allowed for CC decision.

MC (or applicant if CC decision) write draft statement of case, inc.: decision in issue, summary, details finding/evidence.

Final version lodged with HC.

Question 4

what happens in the hearing at the High Court? In which division is the case usually heard?

Answer 4

Usually heard in KBD.

No witness evidence. Legal argument in statement of case only.

Question 5

what powers do the High Court have?

Answer 5

o Reverse;
o Vary;
o Affirm;
o Remit to lower court with direction to acquit;
o Convict; or
o Rehear case

Question 6

can the decision be appealed and if so on what basis?

Answer 6

Decision can be appealed by P or D to supreme court.

HC/SC permission needed.

Grounds:
o point of law only +
o of general importance.