Magistrates’ Courts Act 1980

Part V E+W Appeal and Case Stated

Appeal E+W

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) [F2 [F3 Section 82 of the Sentencing Code] (under which a conviction of an offence for which F4 . . . 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 F5 . . . 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(b) an order for the payment of costs;

(c) an order under F7 . . . [F8 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

[F9 and also includes a [F10 declaration 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 [F12 section 42 of the Sentencing Code].]

[F13 (5) Subsection (3) does not prevent an appeal against an order under [F14 section 46 of the Sentencing Code] (criminal courts charge).]]

Textual Amendments

F1 S. 108(1A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 66(2)

F2 Words in s. 108(1A) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 71

F3 Words in s. 108(1A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 54(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F4 Words in s. 108(1A) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2.

F5 Words in s. 108(2) repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 43, Sch. 10; S.I. 1998/2327, art. 2

F6 S. 108(3)(a) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F7 Words in s. 108(3)(c) repealed (28.8.2000) by 2000 c. 25, s. 1, Sch. 3; S.I. 2000/2125, art. 2

F8 Words 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)

F9 Words inserted by Football Spectators Act 1989 (c. 37, SIF 45A), s. 23(3)(c)

F10 Words 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)

F11 S. 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)

F12 Words in s. 108(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 54(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F13 S. 108(5) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 4; S.I. 2015/778, art. 3, Sch. 1 para. 78

F14 Words in s. 108(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 54(4) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C1 S. 108(1) extended (31.3.1997) by 1995 c. 35, s. 11(2)(3); S.I. 1997/402, art. 3

C2 S. 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)

C3 S. 108(1)(b) extended (15.12.2011) by Terrorism Prevention and Investigation Measures Act 2011 (c. 23), s. 31(2), Sch. 3 para. 4(5)(d) (with Sch. 8)

C4 S. 108(1)(b) applied (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 4 para. 4(5)(d)

109 Abandonment of appeal. E+W

(1) Where notice to abandon an appeal has been duly given by the appellant—

(a) the court against whose decision the appeal was brought may issue process for enforcing that decision, subject to anything already suffered or done under it by the appellant; and

(b) the said court may, on the application of the other party to the appeal, order the appellant to pay to that party such costs as appear to the court to be just and reasonable in respect of expenses properly incurred by that party in connection with the appeal before notice of the abandonment was given to that party.

(2) In this section “appeal” means an appeal from a magistrates’ court to the Crown Court, and the reference to a notice to abandon an appeal is a reference to a notice shown to the satisfaction of the magistrates’ court to have been given in accordance with [F15 rules of court] .

Textual Amendments

F15 Words in s. 109(2) substituted (1.9.2004) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 234; S.I. 2004/2066, art. 2(c)(xi) (subject to art. 3)

110 Enforcement of decision of the Crown Court. E+W

After the determination by the Crown Court of an appeal from a magistrates’ court the decision appealed against as confirmed or varied by the Crown Court, or any decision of the Crown Court substituted for the decision appealed against, may, without prejudice to the powers of the Crown Court to enforce the decision, be enforced—

(a) by the issue by the court by which the decision appealed against was given of any process that it could have issued if it had decided the case as the Crown Court decided it;

(b) so far as the nature of any process already issued to enforce the decision appealed against permits, by that process;

and the decision of the Crown Court shall have effect as if it had been made by the magistrates’ court against whose decision the appeal is brought.

Case stated E+W

111 Statement of case by magistrates’ court. E+W

(1) Any person who was a party to any proceeding before a magistrates’ court or is aggrieved by the conviction, order, determination or other proceeding of the court may question the proceeding on the ground that it is wrong in law or is in excess of jurisdiction by applying to the justices composing the court to state a case for the opinion of the High Court on the question of law or jurisdiction involved; but a person shall not make an application under this section in respect of a decision against which he has a right of appeal to the High Court or which by virtue of any enactment passed after 31st December 1879 is final.

(2) An application under subsection (1) above shall be made within 21 days after the day on which the decision of the magistrates’ court was given.

(3) For the purpose of subsection (2) above, the day on which the decision of the magistrates’ court is given shall, where the court has adjourned the trial of an information after conviction, be the day on which the court sentences or otherwise deals with the offender.

(4) On the making of an application under this section in respect of a decision any right of the applicant to appeal against the decision to the Crown Court shall cease.

(5) If the justices are of opinion that an application under this section is frivolous, they may refuse to state a case, and, if the applicant so requires, shall give him a certificate stating that the application has been refused; but the justices shall not refuse to state a case if the application is made by or under the direction of the Attorney General.

(6) Where justices refuse to state a case, the High Court may, on the application of the person who applied for the case to be stated, make an order of mandamus requiring the justices to state a case.

F16 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 S. 111(7) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C5 S. 111 applied (1.7.1999) by S.I. 1999/1517, reg. 12(3), Sch. 4 para. 9(4)

C6 S. 111 referred to (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 12(7)(b)

[F17 111A Appeals on ground of error of law etc in [F18 child support] proceedings E+W

(1) This section applies in relation to [F19 proceedings under the Child Support Act 1991] in a magistrates' court.

(2) Any person who was a party to any proceeding before the court, or is aggrieved by the order, determination or other proceeding of the court, may question the proceeding on the ground that it is wrong in law or is in excess of jurisdiction by appealing to [F20 the family] court.

(3) But a person may not appeal under subsection (2) in respect of a decision if-

(a) the person has a right of appeal to [F21 the county court] [F22 or the family court] against the decision otherwise than under this section, or

(b) the decision is final by virtue of any enactment passed after 31^st December 1879.

(4) A notice of appeal under subsection (2) shall be filed within 21 days after the day on which the decision of the magistrates' court was given.

F23 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F17 S. 111A inserted (6.4.2009) by The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (S.I. 2009/871), art. 4(3)

F18 Words in s. 111A title substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 50(6); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F19 Words in s. 111A(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 50(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F20 Words in s. 111A(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 50(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F21 Words in s. 111A(3)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F22 Words in s. 111A(3)(a) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 50(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F23 S. 111A(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 50(5); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C7 S. 111A applied (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 1 para. 7(a)

112 [F24 Effect of decisions made on case stated or on appeal] E+W

F25 [(1)] Any conviction, order, determination or other proceeding of a magistrates’ court varied by the High Court on an appeal by case stated, and any judgment or order of the High Court on such an appeal, may be enforced as if it were a decision of the magistrates’ court from which the appeal was brought.

[F26 (2) Any order, determination or other proceeding of a magistrates' court varied by [F27 the family] court on an appeal under section 111A, and any judgment or order of [F27 the family] court on such an appeal, may be enforced as if it were a decision of the magistrates' court from which the appeal was brought.]

Textual Amendments

F24 S. 112 heading substituted (6.4.2009) by The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (S.I. 2009/871), art. 4(4)(a) (with art. 14)

F25 S. 112 renumbered as s. 112(1) (6.4.2009) by The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (S.I. 2009/871), art. 4(4)(b) (with art. 14)

F26 S. 112(2) inserted (6.4.2009) by The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (S.I. 2009/871), art. 4(4)(c) (with art. 14)

F27 Words in s. 112(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 51; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Supplemental provisions as to appeal and case stated E+W

113 Bail on appeal or case stated. E+W

(1) Where a person has given notice of appeal to the Crown Court against the decision of a magistrates’ court or has applied to a magistrates’ court to state a case for the opinion of the High Court, then, if he is in custody, the magistrates’ court may [F28 , subject to section 25 of the Criminal Justice and Public Order Act 1994,] grant him bail.

(2) If a person is granted bail under subsection (1) above, the time and place at which he is to appear (except in the event of the determination in respect of which the case is stated being reversed by the High Court) shall be—

(a) if he has given notice of appeal, the Crown Court at the time appointed for the hearing of the appeal;

(b) if he has applied for the statement of a case, the magistrates’ court at such time within 10 days after the judgment of the High Court has been given as may be specified by the magistrates’ court;

and any recognizance that may be taken from him or from any surety for him shall be conditioned accordingly.

(3) Subsection (1) above shall not apply where the accused has been committed to the Crown Court for sentence under section 37 [F29 above or [F30 section 14, 15, 16 [F31 , 16A] or 17 of the Sentencing Code]].

(4) Section 37(6) of the M1 Criminal Justice Act 1948 (which relates to the currency of a sentence while a person is released on bail by the High Court) shall apply to a person released on bail by a magistrates’ court under this section pending the hearing of a case stated as it applies to a person released on bail by the High Court under section 22 of the M2 Criminal Justice Act 1967.

Textual Amendments

F28 Words in s. 113(1) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 44; S.I. 1995/721, art. 2, Sch. Appendix A

F29 Words in s. 113(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 72

F30 Words in s. 113(3) inserted (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 116; and words in s. 113(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 55 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F31 Word in s. 113(3) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 14(3)

Marginal Citations

M1 1948 c. 58.

M2 1967 c. 80.

114 Recognizances and fees on case stated. E+W

Justices to whom application has been made to state a case for the opinion of the High Court on any proceeding of a magistrates’ court shall not be required to state the case until the applicant has entered into a recognizance, with or without sureties, before the magistrates’ court, conditioned to prosecute the appeal without delay and to submit to the judgment of the High Court and pay such costs as that Court may award; and (except in any criminal matter) [F32 a [F33 designated officer for the court]] shall not be required to deliver the case to the applicant until the applicant has paid [F34 the fees payable for the case and for the recognizances to the [F35 designated officer] F36 ...].

Textual Amendments

F32 Words in s. 114 substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 235(a); S.I. 2005/910,{art. 3(y)}

F33 Words in s. 114 substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 7(a); S.I. 2020/24, reg. 3(b)

F34 Words in s. 114 substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 95, 113 (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F35 Words in s. 114 substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 235(b); S.I. 2005/910,{art. 3(y)}

F36 Words in s. 114 omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 7(b); S.I. 2020/24, reg. 3(b)