(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 14 of the M1Powers of Criminal Courts(Sentencing) Act 2000] (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 F6. . . [F7section 37(1) of the Animal Welfare Act 2006] (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
[F8and also includes a [F9declaration of relevance, within the meaning of section 23 of] the Football Spectators Act 1989].
[F10(4)Subsection (3)(d) above does not prevent an appeal against a surcharge imposed under section 161A of the Criminal Justice Act 2003.]
Textual Amendments
F2Words in s. 108(1A) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 71
F3Words in s. 108(1A) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2.
F4Words in s. 108(2) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 43, Sch. 10; S.I. 1998/2327, art. 2
F6Words in s. 108(3)(c) repealed (28.8.2000) by 2000 c. 25, s. 1, Sch. 3; S.I. 2000/2125, art. 2
F7Words in s. 108(3)(c) substituted (27.3.2007 for W. and 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), ss. 64, 68, Sch. 3 para. 10 (with ss. 1(2), 58(1), 59, and 60); S.I. 2007/1030 {art. 2}; S.I. 2007/499, art. 2(2)(l)
F8Words inserted by Football Spectators Act 1989 (c. 37, SIF 45A), s. 23(3)(c)
F9Words in s. 108(3) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 52, 66(2), Sch. 3 para. 14(2)(b); S.I. 2007/858, art. 2(k)
F10S. 108(4) inserted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 10; S.I. 2007/602, art. 2(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
C2S. 108(1)(b) extended (19.2.2001) by 2000 c. 11, s. 7(7)(b); S.I. 2001/421, art. 2
S. 108(1)(b) extended (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 12(7)(d)
Marginal Citations