PART VIN.I.APPEALS FROM AND CASES STATED BY COUNTY COURTS

Supplemental provisionsN.I.

Special provisions as to cases stated under Article 61 on appeal from magistrates' courtN.I.

63.—(1) Subject to this Article, a person applying to a county court judge to state a case upon a decision made on appeal from a magistrates' court shall, before the case is stated and delivered to him—

(a)if the judge so directs enter, before a resident magistrate or justice of the peace F1..., into a recognizance with or without sureties, in such sum as the resident magistrate or justice of the peace considers proper having regard to the means of the applicant, conditioned to prosecute the case stated without delay and to submit to the judgment of the Court of Appeal and pay such costs as may be awarded by that court; and

(b)pay—

(i)to the chief clerk for and in respect of the case stated;

(ii)to the clerk of petty sessions for and in respect of any such recognizance:

such fees as may be fixed under section 116 of the Judicature (Northern Ireland) Act 1978 [1978 c.23] .

(2) Paragraph (1) shall not apply where the applicant is a public or local authority or an officer of a public or local authority acting as such or is a constable acting as such.

(3) Where the applicant is in custody, the county court judge may order that he be released upon a recognizance entered into under paragraph (1) and further conditioned for his appearance before the county court at the next sitting of that court after the judgment of the Court of Appeal has been given and to abide such judgment unless the decision appealed against is reversed.

(4) Without prejudice to section 16 of the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1958 [1958 c.9] , any such recognizance as is referred to in paragraph (3) may be entered into before the governor or deputy governor of the prison in which the applicant is in custody.

(5) Where the county court judge refuses to release the applicant or the applicant considers the amount of the recognizance excessive, the applicant may apply to a judge of the High Court to release him, or to reduce the amount of the recognizance.

(6) An application under paragraph (5) shall be made in like manner as an application for bail by a person who has been committed for trial in custody and on any such application the judge may release the applicant from custody on such conditions and fix the amount of the recognizance at such sum as the judge thinks fit.

(7) Where any of the conditions of a recognizance entered into under this Article have not been complied with, [F2a district judge (magistrates' courts) or lay magistrate] , shall certify upon such recognizance in what respect the conditions thereof have not been observed and transmit the same to the chief clerk F3..., to be proceeded upon in like manner as other recognizances forfeited at the county court may by law be enforced; and such certificate shall be sufficient prima facie evidence of the said recognizance having been forfeited.

Powers of appellate courtN.I.

64.  Without prejudice to the generality of section 22 of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] , upon the hearing of any appeal under this Part (including an appeal by way of case stated), the appellate court may—

(a)adjourn the hearing from time to time;

(b)draw any inference of fact which might have been drawn or give any judgment or make any order which might have been given or made by the county court;

(c)remit the proceedings for rehearing and determination by the county court;

(d)where the appeal is by case stated, amend the case stated or remit it, with such declarations or directions as the appellate court may think proper, for hearing and determination by the county court or for re-statement or amendment or for a supplemental case to be stated thereon;

(e)make such order as to costs incurred in the appeal and in the proceedings in the county court as the appellate court thinks fit;

(f)make such other order as may be necessary for the due determination of the appeal.

Single mode of appeal in all casesN.I.

65.—(1) A party giving notice of appeal under Article 60 shall be deemed to have abandoned any right to apply under Article 61 for a case to be stated by the county court judge in respect of the same decree.

(2) Where an application under Article 61 for a case to be stated has been granted, any other right of the applicant to appeal (including any right to appeal under Article 60) in respect of the same decision shall cease.

(3) Where two or more parties to the same proceedings apply under Article 61 to a county court judge to state a case, the judge, subject to Article 61(4), shall state a single case only.

(4) Where two or more parties proceed to question the decision of a county court judge the manner of questioning such decision shall unless the parties otherwise agree, be by single appeal under Article 60 in such manner and subject to such conditions as may be prescribed by rules of court.

Practice and procedureN.I.

66.—(1) County court rules may provide for the practice and procedure to be followed upon an application to state a case under Article 61 up to and including the transmission of the case to the Master (Queen's Bench and Appeals).

(2) Without prejudice to section 21 of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] or to section 55 of the Judicature (Northern Ireland) Act 1978 [1978 c.23] but subject to the provisions of this Part, rules of court may provide for—

(a)the lodgment of appeals under Article 60 (including the manner in which and the persons upon whom notice of appeal is to be served);

(b)the manner in, and time within, which an application to state a case under Article 62 is to be made, and the case is to be prepared;

(c)the security to be given by an appellant for the due prosecution of an appeal (including an appeal by way of case stated other than where the appellant has been directed to enter into a recognizance under Article 63);

(d)the stay of execution or suspension of a decree pending an appeal (including an appeal by way of case stated);

(e)the abandonment of such an appeal;

(f)the costs which may be awarded upon the hearing or are to be recoverable upon the abandonment of such an appeal;

(g)any other matter incidental to such an appeal.