Page:Magistrates’ Courts Act 1980.pdf/73

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deposition relates, but subject to the same conditions as apply, under section 6 of the Criminal Law Amendment Act 1867, to its being given in evidence upon the trial of the offender or offence. Offences

106.—(1) If any person in a written statement tendered in evidence in criminal proceedings by virtue of section 102 above wilfully makes a statement material in those proceedings which he knows to be false or does not believe to be true, he shall be liable on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine or both.

(2) The Perjury Act 1911 shall have effect as if this section were contained in that Act.

107. If, in any solemn declaration, certificate or other writing made or given for the purpose of its being used in pursuance of the rules as evidence of the service of any document or the handwriting or seal of any person, a person makes a statement that he knows to be false in a material particular, or recklessly makes any statement that is false in a material particular, he shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding £100 or both.    Appeal

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.

(2) A person sentenced by a magistrates’ court for an offence in respect of which a probation order or an order for conditional discharge has been previously made may appeal to the Crown Court against the sentence.

(3) In this section “sentence” includes any order made on conviction by a magistrates’ court, not being—
 * (a) a probation order or an order for conditional discharge;
 * (b) an order for the payment of costs;
 * (c) an order under section 2 of the Protection of Animals Act 1911 (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.

