Magistrates’ Courts Act 1980 (c. 43)

Part V E+W Appeal and Case Stated

Appeal E+W

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) Section 13 of the Powers of Criminal Courts Act M1 1973 (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 M2 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

[F3 and also includes a declaration of relevance under the Football Spectators Act 1989].

Textual Amendments

F1 S. 108(1A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 66(2)

F2 S. 108(3)(a) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F3 Words inserted by Football Spectators Act 1989 (c. 37, SIF 45A), s. 23(3)(c)

Marginal Citations

M1 1973 c. 62 (39:1).

M2 1911 c. 27.