Part V Appeal and Case Stated

Appeal

108 Right of appeal to the Crown Court.

C11

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.

F11A

F2Section 1C of the M1Powers of Criminal Courts Act 1973 (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 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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

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

F5and also includes a declaration of relevance under the Football Spectators Act 1989.