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Magistrates’ Courts Act 1980
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- UK Public General Acts
- 1980 c. 43
- Part V
- Appeal
- Section 108
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Changes over time for: Section 108
Version Superseded: 27/03/2007
Alternative versions:
- 01/02/1991- Amendment
- 01/10/1992- Amendment
- 03/02/1995- Amendment
- 30/09/1998- Amendment
- 27/09/1999- Amendment
- 25/08/2000- Amendment
- 28/08/2000- Amendment
- 02/04/2001
Point in time - 27/03/2007- Amendment
- 01/04/2007- Amendment
- 06/04/2007- Amendment
- 15/12/2011- Amendment
- 12/02/2015- Amendment
- 13/04/2015- Amendment
- 01/12/2020- Amendment
- 07/11/2023- Amendment
- 20/12/2023- Amendment
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Point in time view as at 02/04/2001. This version of this provision has been superseded.
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Magistrates’ Courts Act 1980, Section 108 is up to date with all changes known to be in force on or before 11 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.
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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)[F2Section 14 of the M1Powers of Criminal Courts(Sentencing) Act 2000] (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.
(3)In this section “sentence” includes any order made on conviction by a magistrates’ court, not being—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(b)an order for the payment of costs;
(c)an order under F6. . . 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
[F7and also includes a declaration of relevance under the Football Spectators Act 1989].
Textual Amendments
F2Words in s. 108(1A) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 71
F3Words 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.
F4Words 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
F6Words in s. 108(3)(c) repealed (28.8.2000) by 2000 c. 25, s. 1, Sch. 3; S.I. 2000/2125, art. 2
F7Words inserted by Football Spectators Act 1989 (c. 37, SIF 45A), s. 23(3)(c)
Modifications etc. (not altering text)
C1S. 108(1) extended (31.3.1997) by 1995 c. 35, s. 11(2)(3); S.I. 1997/402, art. 3
C2S. 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)
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