Challenge by way of case stated
Challenge by way of case stated

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Challenge by way of case stated
  • Challenging a decision which is wrong in law or in excess of jurisdiction
  • Case stated procedure from the magistrates' court
  • Procedure for an appeal by case stated from the Crown Court
  • Orders available following an appeal by way of case stated

Challenging a decision which is wrong in law or in excess of jurisdiction

Under the Magistrates' Courts Act 1980, s 111 (MCA 1980) and section 28(1) of the Senior Courts Act 1981 (SCA 1981) the High Court has the power to give an opinion on an appeal by way of case stated from the magistrates' or Crown Court where an order, judgement or other decision is wrong in law or in excess of jurisdiction.

‘Wrong’ in this sense is a decision to which no reasonable court could have come on the material before it.

This procedure overlaps with the procedure for judicial review, as both can be used to challenge the way a decision has been reached and, the effect of both applications may be to set aside the decision of the court. For more information, see: Judicial review in criminal proceedings—overview. See also, Practice Note: Judicial review of magistrates' court and Crown Court decisions.

An appeal by way of case stated lies to a Divisional Court of the Queen's Bench Division of the High Court.

An appeal by way of case stated cannot be made on an issue relating to trial on indictment. It can only be made after the final determination of criminal proceedings, it is not an interlocutory measure. The appropriate means of challenging an interlocutory decision is