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(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 1C] of the M1Powers of Criminal Courts Act 1973 (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.
(3)In this section “sentence” includes any order made on conviction by a magistrates’ court, not being—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(b)an order for the payment of costs;
(c)an order under section 2 of the M2Protection 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
[F6and also includes a declaration of relevance under the Football Spectators Act 1989].
Textual Amendments
F2Words in s. 108(1A) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 16; S.I. 1995/127, art. 2(1), Sch. 16 Appendix A
F3Words in s. 108(1A) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2.
F4Words in s. 108(2) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 43, Sch.10; S.I. 1998/2327, art.2
F6Words inserted by Football Spectators Act 1989 (c. 37, SIF 45A), s. 23(3)(c)
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
Marginal Citations
M11973 c. 62 (39:1).