Magistrates Court Act 1991

A party to a criminal action may, subject to this section and in accordance with the rules of the appellate court, appeal against any judgment given in the action (including a judgment dismissing a charge of a summary or minor indictable offence but not any judgment arising from committal proceedings).

An appeal does not, however, lie against an interlocutory judgment unless—

the judgment stays the proceedings; or

the judgment destroys or substantially weakens the basis of the prosecution case and, if correct, is likely to lead to abandonment of the prosecution; or

the Court or the appellate court is satisfied that there are special reasons why it would be in the interests of the administration of justice to have the appeal determined before commencement or completion of the trial and grants its permission for an appeal.

The appeal lies—

in the case of a sentence passed on the conviction of a person of an offence that is, or offences that include, a major indictable offence—to the Court of Appeal with the permission of the Court of

in any other case—to the Supreme Court constituted of a single Judge (but the Judge may, if he or she thinks fit, refer the appeal for hearing and determination by the Court of Appeal).

On an appeal, the appellate court may, if the interests of justice so require, re-hear any witnesses or receive fresh evidence.

On the hearing of the appeal, the appellate court may exercise any one or more of the following powers:

it may confirm, vary or quash the judgment subject to the appeal and, if the Court thinks the interests of justice so require, it may vary or quash any other judgment given in the same or related proceedings;

it may remit the case for hearing or further hearing before the

it may make any other order (including, subject to subsection (5a), an order for costs) that may be necessary or desirable in the circumstances.

The Court of Appeal may not make an order for costs in relation to an appeal to the Court of Appeal of a kind referred to in subsection (2)(ab).

Where a judgment or order has been confirmed, varied or made on appeal under this section, the Magistrates Court has the same authority to enforce that judgment or order as if it had not been appealed against or had been made in the first instance.