Crime and Disorder Act 1998

4 Appeals against orders. E+W

(1) An appeal shall lie to the Crown Court against the making by a magistrates’ court of an anti-social behaviour order [F1 , an individual support order][F2 , an order under section 1D above,]F3 . . . .

(2) On such an appeal the Crown Court—

(a) may make such orders as may be necessary to give effect to its determination of the appeal; and

(b) may also make such incidental or consequential orders as appear to it to be just.

(3) Any order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of section 1(8) [F4 , 1AB(6)]F3 . . . be treated as if it were an order of the magistrates’ court from which the appeal was brought and not an order of the Crown Court.

Textual Amendments

F1 Words in s. 4(1) inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(2)(a), 336(3); S.I. 2004/829 {art. 3(2)(b)}

F2 Words in s. 4(1) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 65(2); S.I. 2002/2750, art. 2(a)(vii)

F3 Words in s. 4(1)(3) repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(3), Sch. 7; S.I. 2004/874, art. 2

F4 Words in s. 4(3) inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(2)(b), 336(3); S.I. 2004/829 {art. 3(2)(b)}

Commencement Information

I1 S. 4 wholly in force at 1.4.1999; S. 4 not in force at Royal Assent, see s. 121; s. 4 in force so far as relating to a sex offender order by S.I. 1998/2327, art. 4(1); S. 4 in force at 1.4.1999 to the extent that it is not already in force by S.I. 1998/3263, art. 5