An appeal by way of case stated means that you are appealing a decision made by the courts because you believe that the court made a decision that was wrong in law, or that would be considered beyond its jurisdiction. Such cases are rare, are usually raised by lawyers – barristers or solicitors – rather than individuals, but both the defendant and prosecutor parties are able to lodge this type of appeal.
The Court Process
It is generally assumed that the courts understand every point of law, and that they have full jurisdiction to hear any particular case that appears in front of them. However, considering the extent of the law and the many different laws and regulations that stand, it is possible that mistakes are made. When this happens, it can have a considerable bearing on a case, and it is the right of either party to question whether the law was correctly applied.
Such an appeal can be raised by the defendant or prosecutor, and the courts are asked to make their case and defend the point of law that is being questioned. There are strict time limits regarding lodging this type of appeal, and either party should lodge such an appeal as soon as possible after proceedings have begun, otherwise it may be considered too late.
The Administrative Court Findings
The Administrative Court may hold that the point of law was correct, and therefore find in favour of the court, or they may substitute a conviction, sentence, or order made by the original court. These court proceedings may overlap with judicial reviews, but are usually quite distinct from appeals lodged with the Court of Appeal over sentencing or conviction.
An appeal by way of case stated can be highly complex issue, and one that involves considerable legal skill and understanding. Our criminal barristers can help determine whether an error in point of law or jurisdiction was made, what the likely outcome of such an appeal would be, and whether it is worth proceeding with this or another form of appeal.