Rule 160 Preparation and contents of case stated

A case stated by a magistrates’ court under Article 146 of the Order shall be prepared and signed by the district judge (magistrates’ court) or where the decision on which the case is stated was made in a proceeding brought for the prosecution of an offence specified in Part II of Schedule 1 to the Order and was heard by a lay magistrate other than a district judge (magistrates’ court), by such justice.

A district judge (magistrates’ court) or lay magistrate in preparing a case stated shall refer copies of the draft thereof to the parties to the proceeding in which the decision was made upon which the case is to be stated.

Without prejudice to paragraph (1), after copies of the draft case stated have been referred to the parties under paragraph (2) any party may make written representations to the district judge (magistrates’ court) or lay magistrate on such draft within such time as the district judge (magistrates’ court) or lay magistrate may fix and a copy of the document in which such representations are made, dated and signed by the party making the same or his solicitor, shall be served by such party on any other party to the proceeding or his solicitor.

A case stated by a magistrates’ court shall state the facts found by the court and, unless one of the questions on which the opinion of the Court of Appeal is sought is whether there was evidence on which the magistrates’ court could come to its decision, shall not contain a statement of the evidence.