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Magistrates’ Courts Act 1980

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108 Right of appeal to the Crown Court.E+W

(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].

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Amendments (Textual)

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

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).

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