# The Magistrates' Courts (Backing of Warrants) (Amendment) Rules 1989, Article 4


There shall be inserted after rule 5 the following rules:
“5A (1) Where a court refuses to make an order in relation to a person under section 2 of the Act, any application to the court under section 2A(1) of the Act to state a case for the opinion of the High Court on any question of law arising in the proceedings must be made to the court by the chief officer of police within the period of 21 days following the day on which the order was refused, unless the court grants a longer period within which the application is to be made.
(2) Such an application shall be made in writing and shall identify the question or questions of law on which the opinion of the High Court is sought.
5B Within 21 days after receipt of an application to state a case under section 2A(1) of the Act, the clerk to the justices shall send a draft case to the applicant or his solicitor and to the person to whom the warrant relates or his solicitor and shall allow each party 21 days within which to make representations thereon; within 21 days after the latest day on which such representations may be made the court shall, after considering such representations and making such adjustments, if any, to the draft case as it thinks fit, state and sign the case which the clerk shall forthwith send to the applicant or his solicitor.”.

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Source: https://www.legislation.gov.uk/uksi/1989/1596/article/4 (the official version)
Page: https://openlegislation.uk/magistrates-courts-backing-of-warrants-amendment-rules-1989/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.