Part V Appeal and Case Stated
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.
F11A
Section 13 of the Powers of Criminal Courts Act M11973 (under which a conviction of an offence for which a probation order or 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 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
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
F3and also includes a declaration of relevance under the Football Spectators Act 1989.