Magistrates' Courts Act 1980

Appeal

108 Right of appeal to the Crown Court

(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.

(2) A person sentenced by a magistrates' court for an offence in respect of which a probation order or an order for conditional discharge has been previously made may appeal to the Crown Court against the sentence.

(3) In this section "sentence" includes any order made on conviction by a magistrates' court, not being—

(a) a probation order or an order for conditional discharge ;

(b) an order for the payment of costs ;

(c) an order under section 2 of the [1911 c. 27.] Protection of Animals Act 1911 (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.

109 Abandonment of appeal

(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 Crown Court rules.

110 Enforcement of decision of the Crown Court

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—

(b) 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.