The court stated that there is either no jurisdiction to hear an appeal by way of case stated in relation to an interlocutory decision, in criminal proceedings or that it is the court’s invariable practice not to entertain one. A court might simply dismiss the appeal. As to section 28 of the 1981 Act: ‘There is no definition of the word ‘decision’ in the Act of 1981. The use of the word in conjunction with the words ‘judgment’ and ‘order’ is some indication that appeals by way of case stated are meant to be confined to appeals from final decisions rather than preliminary rulings.’ and
‘I have come to the conclusion that looking at the word ‘decision’ in its context and also in the light of the history of appeals by way of case stated before 1971 and the parallel history of appeals by way of case stated direct from the justices there is a very powerful argument for construing the word ‘decision’ as meaning final decision. Indeed, in the case of criminal proceedings I am satisfied that the word should be so construed and that, whether regarded as a matter of jurisdiction or of invariable practice, the High Court will not entertain an appeal by way of case stated in a criminal case unless the Crown Court has reached a final determination.’ and
‘Nevertheless, the matter has been fully argued before us and I think it would be helpful if I were to express an opinion on the merits of the appeal even though it must be appreciated that what I say is obiter. I would, however, add a warning that it should not be assumed that in other cases the High Court will be prepared to express any opinion, however informal. The appeal may simply be dismissed.’
Pill J agreed.
Judges:
Neill LJ, Pill J
Citations:
[1990] 1 QB 1052
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Gillan v The Director of Public Prosecutions Admn 15-Feb-2007
Before committing the defendant for sentence, the magistrates court had itself decided on disputed facts behind the plea. After being committed to the Crown Court, the defendant asked that court to conduct a further hearing to determine the facts. . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 29 May 2022; Ref: scu.253206