PART XIIAPPEAL AND CASE STATED
Appeals to county court
Appeals against conviction or sentence, etc.140
1
Subject to this Article, a person convicted by a magistrates' court may appeal to a county court,—
a
whether or not he pleaded guilty, against his sentence;
F11A
Article 6 of the Criminal Justice (Northern Ireland) Order 1996 (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 Article, whether against conviction or otherwise.
2
In paragraph (1) “sentence” includes any orderF2 passed on the person for the offence, whether on conviction or in subsequent proceedings, not being—
Sub‐para. (a) rep. by 1996 NI 24
- b
an order for the payment of costs; or
- c
any other order subject to a restriction referred to in paragraph 9(1)(b) of Schedule 5.
F22A
A person may appeal to a county court against—
a
a fine imposed under paragraph (a), or an order made under paragraph (b) or (c), of paragraph 3(1) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24);
b
the dismissal of an application under Part 3 or 4 of that Schedule;
c
a fine imposed, or an order made, under Article 41(2) orF3 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9);
d
an order made under ArticleF3 or 54(3)(a) of that Order;
e
an order made under paragraph 3 of Schedule 1A to that Order; or
f
the dismissal of an application under paragraph 5 of that Schedule (otherwise than to the Crown Court) to make an order under sub-paragraph (1) of that paragraph.
Para. (3) rep. by 1996 NI 24
4
A person ordered underF1 Article 7(1) of the Criminal Justice (Northern Ireland) Order 1996 to give good security for the good behaviour of an offender may appeal to the county court.