Schedules Schedule 2: Sentencing Consolidation: Pre-Consolidation Amendments Appeal rights: restitution orders and parenting orders
There are inconsistencies in the current law relating to express powers to appeal against sentences. The general position is that section 108 of the Magistrates’ Courts Act 1980 grants offenders the right to appeal against sentences imposed in the magistrates’ court to the Crown Court, and section 9 of the Criminal Appeal Act 1968 grants offenders the right to appeal against sentences imposed in the Crown Court to the Court of Appeal.
	Despite these general powers of appeal, the legislation providing for some particular sentences provides for an express power of appeal. Generally, these express powers of appeal are included for the avoidance of doubt, and principally appear alongside an express provision relating to similar orders that are not imposed on conviction.
	In the current law, although they are generally redundant their existence does not present any problems. By consolidating the law into a single enactment (the Code), the existence of express powers of appeal in relation to a few sentences, but not in relation to others, risks implying that there is no power to appeal against those other sentences. Accordingly, paragraphs 49(3)(c) and 119(3) repeal section 149(3)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 and section 10(5) of the Crime and Disorder Act 1998, which provide express powers of appeal against restitution orders (where imposed for an offence taken into consideration) and parenting orders respectively. Such orders may be appealed under section 108 of the Magistrates’ Courts Act 1980 and section 9 of the Criminal Appeal Act 1968 regardless, and therefore these changes do not alter the legal position.