Rule 77 Consideration of draft caseI1C1
England and Wales
Within 21 days after receipt of an application made in accordance with rule 76, the F1F2designated officer for the magistrates' court whose decision is questioned shall, unless the justices refuse to state a case under section 111(5) of the Act of 1980, send a draft case in which are stated the matters required under rule 81 to the applicant or his solicitor and shall send a copy thereof to the respondent or his solicitor.
Within 21 days after receipt of the draft case under paragraph (1), each party may make representations thereon. Any such representations shall be in writing and signed by or on behalf of the party making them and shall be sent to F3the designated officer.
Where the justices refuse to state a case under section 111(5) of the Act and they are required by the High Court by order of mandamus under section 111(6) to do so, this rule shall apply as if in paragraph (1)—
for the words “receipt of an application made in accordance with rule 76” there were substituted the words “the date on which an order of mandamus under section 111(6) of the Act of 1980 is made”; and
the words “unless the justices refuse to state a case under section 111(5) of the Act of 1980” were omitted.
Annotations
Textual amendments
- F1
Words in rule 77(1) 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
- F3
Words in rule 77(2) substituted (1.4.2001) by The Magistrates' Courts (Amendment No. 2) Rules 2001 (S.I. 2001/610), rules 1, 5
Modifications
- C1
Rule 77 replaced (4.4.2005) by The Criminal Procedure Rules 2005 (S.I. 2005/384), rule 64.2 (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.]