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Courts Act 1971

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This is the original version (as it was originally enacted).

10High Court jurisdiction in Crown Court proceedings

(1)Subsections (2) and (3) below have effect as respects any order, judgment or other decision of the Crown Court—

(a)other than a judgment or other decision relating to trial on indictment, and

(b)other than any decision under the Betting, Gaming and Lotteries Act 1963, the Licensing Act 1964 and the Gaming Act 1968 which, by any provision of any of those Acts, is to be final.

(2)Any decision as respects which this subsection has effect may be questioned by any party to the proceedings on the ground that it is wrong in law or is in excess of jurisdiction.

(3)The decision shall be questioned by applying to the Crown Court to have a case stated by the Crown Court for the opinion of the High Court.

(4)Section 99(1)(b) of the Judicature Act 1925 (rules about appeals to the High Court) shall apply as if any case stated under this section were an appeal.

(5)In relation to the jurisdiction of the Crown Court, other than its jurisdiction in matters relating to trial on indictment, the High Court shall have all such jurisdiction to make orders of mandamus, prohibition or certiorari as the High Court possesses in relation to the jurisdiction of an inferior court.

(6)So much of any enactment, other than the enactments mentioned in subsection (1)(b) above, as provides, in relation to any quarter sessions jurisdiction transferred by this Act to the Crown Court, that the decision of quarter sessions shall be final, or final and conclusive, or that it shall not be questioned by certiorari or in any other manner, shall cease to have effect.

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