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.
[(1A)[Section 82 of the Sentencing Code] (under which a conviction of an offence for which ... 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 ... an order for conditional discharge has been previously made may appeal to the Crown Court against the sentence.
[(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—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)an order for the payment of costs;
(c)an order under ... [section 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
[and also includes a [declaration of relevance, within the meaning of section 23 of] the Football Spectators Act 1989].
[(4)Subsection (3)(d) above does not prevent an appeal against a surcharge imposed under [section 42 of the Sentencing Code].]
[(5)Subsection (3) does not prevent an appeal against an order under [section 46 of the Sentencing Code] (criminal courts charge).]
Textual Amendments
Modifications etc. (not altering text)