(1)A person convicted by a magistrates’ court may appeal to the Crown Court—
(a)if he pleaded guilty, against his sentence;
(b)if he did not, against the conviction or sentence.
[F1(1A)[F2Section 82 of the Sentencing Code] (under which a conviction of an offence for which F3... an order for conditional or absolute discharge is made is deemed not to be a conviction except for certain purposes) shall not prevent an appeal under this Act, whether against conviction or otherwise.]
(2)A person sentenced by a magistrates’ court for an offence in respect of which F4... an order for conditional discharge has been previously made may appeal to the Crown Court against the sentence.
[F5(2A)A person convicted under section 16H may not appeal under this section against the conviction or sentence, except a sentence imposed under section 16M(5)(b).]
(3)In this section “sentence” includes any order made on conviction by a magistrates’ court, not being—
F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)an order for the payment of costs;
(c)an order under F7... [F8section 37(1) of the Animal Welfare Act 2006] (which enables a court to order the destruction of an animal); or
(d)an order made in pursuance of any enactment under which the court has no discretion as to the making of the order or its terms
[F9and also includes a [F10declaration of relevance, within the meaning of section 23 of] the Football Spectators Act 1989].
[F11(4)Subsection (3)(d) above does not prevent an appeal against a surcharge imposed under [F12section 42 of the Sentencing Code].]
[F13(5)Subsection (3) does not prevent an appeal against an order under [F14section 46 of the Sentencing Code] (criminal courts charge).]
Textual Amendments
F1S. 108(1A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 66(2)
F2Words in s. 108(1A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 54(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F3Words in s. 108(1A) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2.
F4Words in s. 108(2) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 43, Sch. 10; S.I. 1998/2327, art. 2
F5S. 108(2A) inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 1(5); S.I. 2023/1194, reg. 2(e)
F6S. 108(3)(a) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
F7Words in s. 108(3)(c) repealed (28.8.2000) by 2000 c. 25, s. 1, Sch. 3; S.I. 2000/2125, art. 2
F8Words in s. 108(3)(c) substituted (27.3.2007 for W. and 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), ss. 64, 68, Sch. 3 para. 10 (with ss. 1(2), 58(1), 59, and 60); S.I. 2007/1030 {art. 2}; S.I. 2007/499, art. 2(2)(l)
F9Words inserted by Football Spectators Act 1989 (c. 37, SIF 45A), s. 23(3)(c)
F10Words in s. 108(3) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 52, 66(2), Sch. 3 para. 14(2)(b); S.I. 2007/858, art. 2(k)
F11S. 108(4) inserted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 10; S.I. 2007/602, art. 2(c)
F12Words in s. 108(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 54(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F13S. 108(5) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 4; S.I. 2015/778, art. 3, Sch. 1 para. 78
F14Words in s. 108(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 54(4) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
Modifications etc. (not altering text)
C1S. 108(1) extended (31.3.1997) by 1995 c. 35, s. 11(2)(3); S.I. 1997/402, art. 3
C2S. 108(1)(b) extended (19.2.2001) by 2000 c. 11, s. 7(7)(b); S.I. 2001/421, art. 2
S. 108(1)(b) extended (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 12(7)(d)
C3S. 108(1)(b) extended (15.12.2011) by Terrorism Prevention and Investigation Measures Act 2011 (c. 23), s. 31(2), Sch. 3 para. 4(5)(d) (with Sch. 8)
C4S. 108(1)(b) applied (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 4 para. 4(5)(d)
C5S. 108(1)(b) applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 9 para. 4(4)(d) (with s. 97); S.I. 2023/1272, reg. 2(b)
(1)Where notice to abandon an appeal has been duly given by the appellant—
(a)the court against whose decision the appeal was brought may issue process for enforcing that decision, subject to anything already suffered or done under it by the appellant; and
(b)the said court may, on the application of the other party to the appeal, order the appellant to pay to that party such costs as appear to the court to be just and reasonable in respect of expenses properly incurred by that party in connection with the appeal before notice of the abandonment was given to that party.
(2)In this section “appeal” means an appeal from a magistrates’ court to the Crown Court, and the reference to a notice to abandon an appeal is a reference to a notice shown to the satisfaction of the magistrates’ court to have been given in accordance with [F15rules of court] .
Textual Amendments
F15Words in s. 109(2) substituted (1.9.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 234; S.I. 2004/2066, art. 2(c)(xi) (subject to art. 3)
After the determination by the Crown Court of an appeal from a magistrates’ court the decision appealed against as confirmed or varied by the Crown Court, or any decision of the Crown Court substituted for the decision appealed against, may, without prejudice to the powers of the Crown Court to enforce the decision, be enforced—
(a)by the issue by the court by which the decision appealed against was given of any process that it could have issued if it had decided the case as the Crown Court decided it;
(b)so far as the nature of any process already issued to enforce the decision appealed against permits, by that process;
and the decision of the Crown Court shall have effect as if it had been made by the magistrates’ court against whose decision the appeal is brought.