# Magistrates’ Courts Act 1980, Section 108: Right of appeal to the Crown Court.

Extent: 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.
(1A) Section 82 of the Sentencing Code (under which a conviction of an offence for which ... 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 ... an order for conditional discharge has been previously made may appeal to the Crown Court against the sentence.
(2A) A person convicted under section 16H may not appeal under this section against the conviction or sentence, except a sentence imposed under section 16M(5)(b).
(3) In this section “sentence” includes any order made on conviction by a magistrates’ court, not being—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) an order for the payment of costs;
(c) an order under ... 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
and also includes a declaration of relevance, within the meaning of section 23 of the Football Spectators Act 1989.
(4) Subsection (3)(d) above does not prevent an appeal against a surcharge imposed under section 42 of the Sentencing Code.
(5) Subsection (3) does not prevent an appeal against an order under section 46 of the Sentencing Code (criminal courts charge).

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Source: https://www.legislation.gov.uk/ukpga/1980/43/section/108 (the official version)
Page: https://openlegislation.uk/magistrates-courts-act-1980/section-108
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.