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.

F1(1A)

F2Section 82 of the Sentencing Code (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.

F5(2A)

A person convicted under section 16H may not appeal under this section against the conviction or sentence, except a sentence imposed under section 16M(5)(b).

(3)

In this section “sentence” includes any order made on conviction by a magistrates’ court, not being—

F6(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

an order for the payment of costs;

(c)

an order under F7... F8section 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

F9and also includes a F10declaration of relevance, within the meaning of section 23 of the Football Spectators Act 1989.

F11(4)

Subsection (3)(d) above does not prevent an appeal against a surcharge imposed under F12section 42 of the Sentencing Code.

F13(5)

Subsection (3) does not prevent an appeal against an order under F14section 46 of the Sentencing Code (criminal courts charge).