MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 146



146.(1) Any party to a summary proceeding dissatisfied with any decision of
the court upon any point of law involved in the determination of the
proceeding or of any issue as to its jurisdiction may apply to the court to
state a case setting forth the relevant facts and the grounds of such
determination for the opinion of the Court of Appeal.

(2) An application under subsection (1) shall be made in writing by delivering
it to the clerk of petty sessions within fourteen days commencing with the day
on which the decision of the magistrates' court was given and a copy shall be
served on the other party within the same period.

(3) For the purpose of subsection (2) the day on which the decision of the
magistrates' court is given shall, where the hearing of the charge has been
adjourned after conviction or under section 58, be the day on which the court
sentences or otherwise deals with the offender.

(4) If the magistrates' court is of opinion that an application under this
section is frivolous, but not otherwise, it may, subject to subsection (5),
refuse to state a case, and, if the applicant so requires, shall give him a
certificate stating that the application has been refused.

(5) The court shall not refuse to state a case if the application is made by
or under the direction of the Attorney-General.

(6) Subject to the preceding provisions of this section it shall be the duty
of the magistrates' court upon application made under subsection (1) to state
a case within three months from the date of the application and where such
court refuses or fails to state a case, the applicant may apply to a Judge of
the Court of Appeal for an order directing the magistrates' court to state a
case within the time limited by the order and where the Judge of the Court of
Appeal makes such order the magistrates' court shall state the case upon the
applicant entering into any recognizance required by section 149.

(7) Where an application for a case to be stated under this section has been
granted any other right of the applicant to appeal against the decision shall
cease.

(8) Within fourteen days from the date on which the clerk of petty sessions
despatches the case stated to the applicant (such date to be stamped by the
clerk of petty sessions on the front of the case stated), the applicant shall
transmit the case stated to the Court of Appeal and serve on the other party a
copy of the case stated with the date of transmission endorsed thereon.

(9) Where two or more parties to the same proceedings apply under this section
to the court to state a case, the court shall, subject to subsection (4) state
a single case only.

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 146