Rule 76 Application to state caseI1C1
England and Wales
An application under section 111(1) of the Act of 1980 shall be made in writing and signed by or on behalf of the applicant and shall identify the question or questions of law or jurisdiction on which the opinion of the High Court is sought.
Where one of the questions on which the opinion of the High Court is sought is whether there was evidence on which the magistrates' court could come to its decision, the particular finding of fact made by the magistrates' court which it is claimed cannot be supported by the evidence before the magistrates' court shall be specified in such application.
Annotations
Textual amendments
- F1
Words in rule 76(3) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 3
- F2
Words in Rules substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 (S.I. 2005/617), art. 1, Sch. para. 85
Modifications
- C1
Rule 76 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 64.1 (with rule 2.1); [Editorial note: This rule, the substance of which is reproduced in and referred to by the Criminal Procedure Rules, is revoked when those Rules come into force by virtue of the provisions of 2003 c. 39, S.I. 2004/2066 and S.I. 2004/2035, see CrimPR rule 2.1 note.]