PART 34APPEAL TO THE CROWN COURT
When this Part appliesI134.1
1
This Part applies where—
a
a defendant wants to appeal under—
i
section 108 of the Magistrates’ Courts Act 1980821,
ii
section 45 of the Mental Health Act 1983822,
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2iv
paragraph 10 of Schedule 5, paragraph 6(11) or 21(6) of Schedule 7, or paragraph 10(11), 14(8) or 23(6) of Schedule 10 to the Sentencing Act 2020;
b
the Criminal Cases Review Commission refers a defendant’s case to the Crown Court under section 11 of the Criminal Appeal Act 1995826;
c
a prosecutor wants to appeal under—
i
section 14A(5A) of the Football Spectators Act 1989827, or
ii
section 147(3) of the Customs and Excise Management Act 1979828; or
d
a person wants to appeal under—
i
section 1 of the Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956829,
ii
section 12(5) of the Contempt of Court Act 1981830,
iii
regulation 3C or 3H of the Costs in Criminal Cases (General) Regulations 1986831,
iv
section 22 of the Football Spectators Act 1989832,
vi
section 28(5)(b) of the Offensive Weapons Act 2019834.
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section 366(9) of the Sentencing Act 2020.
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section 342I(2) of the 2020 Act, or
ix
section 46(5) of the Domestic Abuse Act 2021.
2
A reference to an ‘appellant’ in this Part is a reference to such a party or person.
[Note. An appeal to the Crown Court is by way of re-hearing: see section 79(3) of the Senior Courts Act 1981835. For the powers of the Crown Court on an appeal, see section 48 of that Act.
A defendant may appeal from a magistrates’ court to the Crown Court—
a
under section 108 of the Magistrates’ Courts Act 1980, against sentence after a guilty plea and after a not guilty plea against conviction, against a finding of guilt or against sentence;
b
under section 45 of the Mental Health Act 1983, where the magistrates’ court makes a hospital order or guardianship order without convicting the defendant;
F1c
under paragraph 10 of Schedule 5, paragraph 6(11) or 21(6) of Schedule 7, or paragraph 10(11), 14(8) or 23(6) of Schedule 10 to the Sentencing Act 2020, where the magistrates’ court—
i
deals with the defendant for breach of a reparation order, a youth rehabilitation order or a community order,
ii
except in some circumstances, amends a reparation order, or
iii
except in some circumstances, deals with an application to revoke a reparation order or a community order;
d
under section 42 of the Counter Terrorism Act 2008, where the magistrates’ court decides that an offence has a terrorist connection.
See section 13 of the Criminal Appeal Act 1995836 for the circumstances in which the Criminal Cases Review Commission may refer a conviction or sentence to the Crown Court.
Under section 14A(5A) of the Football Spectators Act 1989, a prosecutor may appeal to the Crown Court against a failure by a magistrates’ court to make a football banning order.
Under section 147(3) of the Customs and Excise Management Act 1979, a prosecutor may appeal to the Crown Court against any decision of a magistrates’ court in proceedings for an offence under any Act relating to customs or excise.
Under section 1 of the Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956, a person bound over to keep the peace or be of good behaviour by a magistrates’ court may appeal to the Crown Court.
Under section 12(5) of the Contempt of Court Act 1981, a person detained, committed to custody or fined by a magistrates’ court for insulting a member of the court or another participant in the case, or for interrupting the proceedings, may appeal to the Crown Court.
Under regulation 3C of the Costs in Criminal Cases (General) Regulations 1986, a legal representative against whom a magistrates’ court makes a wasted costs order under section 19A of the Prosecution of Offences Act 1985 and regulation 3B may appeal against that order to the Crown Court.
Under regulation 3H of the Costs in Criminal Cases (General) Regulations 1986, a third party against whom a magistrates’ court makes a costs order under section 19B of the Prosecution of Offences Act 1985 and regulation 3F may appeal against that order to the Crown Court.
Under section 22 of the Football Spectators Act 1989, any person aggrieved by the decision of a magistrates’ court making a football banning order may appeal to the Crown Court.
F7Under section 10 of the Crime and Disorder Act 1998 or under section 366(9) of the Sentencing Act 2020, a person in respect of whom a magistrates’ court makes a parenting order may appeal against that order to the Crown Court.
Under section 28(5)(b) of the Offensive Weapons Act 2019 an applicant to a magistrates’ court for the variation, renewal or discharge of a knife crime prevention order made by that court, or a respondent to such an application, may appeal to the Crown Court against the decision of the magistrates’ court.]
F8Under section 342I(2) of the Sentencing Act 2020 an applicant to a magistrates’ court for the variation, renewal or discharge of a serious violence reduction order made by that court, or a respondent to such an application, may appeal to the Crown Court against the decision of the magistrates’ court.
Under section 46(5), (7) of the Domestic Abuse Act 2021 an applicant to a magistrates’ court for the variation or discharge of a domestic abuse prevention order made by that court, or a respondent to such an application, may appeal to the Crown Court against the decision of the magistrates’ court.