When is the deadline for application to the magistrates' court to state a case for the high court?
The catalogue records a 21 days period from The day on which the decision of the magistrates' court was given; where the trial was adjourned after conviction, the day the court sentences or otherwise deals with the offender. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 21 days
- Trigger
- The day on which the decision of the magistrates' court was given; where the trial was adjourned after conviction, the day the court sentences or otherwise deals with the offender
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- None. The 21-day limit in s 111(2) is a strict statutory time limit with no power to extend, in either the magistrates' court or the High Court. This is one of the very few genuinely unextendable periods in criminal procedure and is a well-known trap.
- Section 111(3) is essential to the count: where the court adjourned the trial after conviction, time runs from the day of SENTENCE, not the day of conviction. Section 111(4) contains a hard election: on making the application, any right to appeal to the Crown Court CEASES. A practitioner must therefore choose between case stated and a Crown Court appeal, and the choice is irrev