Section 108: Right of appeal to the Crown Court.

Magistrates' Courts Act 1980 · 1980 c.43

Part V: Appeal and Case Stated

108(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.

108(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.

108(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.

108(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).

108(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.

108(4)

Subsection (3)(d) above does not prevent an appeal against a surcharge imposed under section 42 of the Sentencing Code.

108(5)

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

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.