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Magistrates’ Courts Act 1980

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Changes over time for: Section 108

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Version Superseded: 03/02/1995

Status:

Point in time view as at 01/10/1992. This version of this provision has been superseded. Help about Status

Changes to legislation:

Magistrates’ Courts Act 1980, Section 108 is up to date with all changes known to be in force on or before 05 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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 M1Powers of Criminal Courts Act 1973 (under which a conviction of an offence for which F2. . . 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(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

[F4and also includes a declaration of relevance under the Football Spectators Act 1989].

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