PART 34APPEAL TO THE CROWN COURT

When this Part applies34.1

1

This Part applies where—

a

a defendant wants to appeal under—

i

section 108 of the Magistrates’ Courts Act 1980730,

ii

section 45 of the Mental Health Act 1983731,

iii

paragraph 10 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000732, or paragraphs 9(8) or 13(5) of Schedule 8 to the Criminal Justice Act 2003733,

iv

section 42 of the Counter Terrorism Act 2008734;

b

the Criminal Cases Review Commission refers a defendant’s case to the Crown Court under section 11 of the Criminal Appeal Act 1995735;

c

a prosecutor wants to appeal under—

i

section 14A(5A) of the Football Spectators Act 1989736, or

ii

section 147(3) of the Customs and Excise Management Act 1979737; or

d

a person wants to appeal under—

i

section 1 of the Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956738,

ii

section 12(5) of the Contempt of Court Act 1981739,

iii

regulation 3C or 3H of the Costs in Criminal Cases (General) Regulations 1986740,

iv

section 22 of the Football Spectators Act 1989741, or

v

section 10(4) or (5) of the Crime and Disorder Act 1998742.

2

A reference to an ‘appellant’ in this Part is a reference to such a party or person.

[Note. An appeal to the Crown Court is by way of re-hearing: see section 79(3) of the Senior Courts Act 1981743. For the powers of the Crown Court on an appeal, see section 48 of that Act.

A defendant may appeal from a magistrates’ court to the Crown Court—

a

under section 108 of the Magistrates’ Courts Act 1980, against sentence after a guilty plea and after a not guilty plea against conviction, against a finding of guilt or against sentence;

b

under section 45 of the Mental Health Act 1983, where the magistrates’ court makes a hospital order or guardianship order without convicting the defendant;

c

under paragraph 10 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000, or under paragraphs 9(8) or 13(5) of Schedule 8 to the Criminal Justice Act 2003, where the magistrates’ court revokes a community order and deals with the defendant in another way;

d

under section 42 of the Counter Terrorism Act 2008, where the magistrates’ court decides that an offence has a terrorist connection.

See section 13 of the Criminal Appeal Act 1995744 for the circumstances in which the Criminal Cases Review Commission may refer a conviction or sentence to the Crown Court.

Under section 14A(5A) of the Football Spectators Act 1989, a prosecutor may appeal to the Crown Court against a failure by a magistrates’ court to make a football banning order.

Under section 147(3) of the Customs and Excise Management Act 1979, a prosecutor may appeal to the Crown Court against any decision of a magistrates’ court in proceedings for an offence under any Act relating to customs or excise.

Under section 1 of the Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956, a person bound over to keep the peace or be of good behaviour by a magistrates’ court may appeal to the Crown Court.

Under section 12(5) of the Contempt of Court Act 1981, a person detained, committed to custody or fined by a magistrates’ court for insulting a member of the court or another participant in the case, or for interrupting the proceedings, may appeal to the Crown Court.

Under regulation 3C of the Costs in Criminal Cases (General) Regulations 1986, a legal representative against whom a magistrates’ court makes a wasted costs order under section 19A of the Prosecution of Offences Act 1985 and regulation 3B may appeal against that order to the Crown Court.

Under regulation 3H of the Costs in Criminal Cases (General) Regulations 1986, a third party against whom a magistrates’ court makes a costs order under section 19B of the Prosecution of Offences Act 1985 and regulation 3F may appeal against that order to the Crown Court.

Under section 22 of the Football Spectators Act 1989, any person aggrieved by the decision of a magistrates’ court making a football banning order may appeal to the Crown Court.

Under section 10(4) or (5) of the Crime and Disorder Act 1998, a person in respect of whom a magistrates’ court makes a parenting order may appeal against that order to the Crown Court.]