Case Stated & Judicial Review - Demystifying the Process for Criminal Practitioners

Introduction

This webinar will cover the law, practice, and procedure in relation to case stated and judicial review.

Neither course of action should be embarked upon lightly and this webinar will demystify the process in relation to each application.

What You Will Learn

This webinar will cover the following:

• The circumstances in which you may consider asking the Magistrates or a District Judge to state a case for the opinion of the High Court
• Asking a Crown Court Judge to state a case for the opinion of the High Court - be careful here - matters relating to trials on indictment are not susceptible to challenge by way of case stated in the High Court
• When you may consider asking the High Court to review a decision taken by a bench of Magistrates or by a District Judge by way of judicial review
• The circumstances in which you might consider asking the High Court to review a decision taken by a Crown Court Judge - be careful here - matters relating to trials on indictment are not susceptible to challenge by way of judicial review in the High Court
• The commencement of the proceedings concerning a case stated - see section 111 and beyond of the Magistrates’ Courts Act 1980
• Formulating the question(s), the answers to which will resolve the case stated in the High Court
• Application to the High Court for permission to bring a case by way of judicial review
• The prerogative writs - a quashing order - a mandatory order - a declaration
• The funding of a case stated for the solicitor preparing the case - see SI 2016 No.313
• Remuneration for counsel - see SI 2013 No.435
• The funding of judicial review for the solicitor preparing the case - see SI 2013 No.422 - this is civil legal aid
• Remuneration for counsel - see SI 2013 No. 435
• Important case law

This webinar was recorded on 27th June 2022