32In Schedule 1 (modifications of sections 1 to 9 in relation to appeals from courts-martial).—
(a)the following paragraphs shall be substituted for paragraph 1 :—
“1(1)In section 1(1), for the words ' at the instance of the defendant or the prosecutor' there shall be substituted the words ' at the instance of the accused or the Defence Council'.
(2)In sections 2(3) and 5(3) and (5), for the words ' the defendant' there shall be substituted the words 'the accused'.
(3)In section 9(3), for the words ' A defendant who is detained pending an appeal under section one of this Act' there shall be substituted the words ' Where the accused is detained pending an appeal under section 1 of this Act, he'.
1A(1)In section 5, the following shall be substituted for subsection (1):—
‘(1)Where the accused would, but for the decision of the Courts-Martial Appeal Court, be liable to be detained and immediately after that decision the Defence Council are granted, or give notice that they intend to apply for, leave to appeal, the Court may make an order providing for the detention of the accused or directing that he shall not be released except on bail (which may in the case of a person to whom section 10(2) of this Act applies, be granted as under that subsection) so long as any appeal under section 1 of this Act is pending.
(2)In section 5(4), for the words " a defendant " there shall be substituted the words " a person " , and the references to any provision of the [1959 c. 72.] Mental Health Act 1959 shall include references to any provision of the [1960 c. 61.] Mental Health (Scotland) Act 1960 or the [1961 c. 15 (N.I.).] Mental Health Act (Northern Ireland) 1961’’.
(b)in paragraph 2(3), for the words " the Admiralty " there shall be substituted the words " the Defence Council "; and
(c)in paragraph 3(3), for the words " the defendant " (wherever occurring) there shall be substituted the words " the accused " ,
and for the words from the beginning of paragraph (a) to " may require " there shall be substituted the words " where the application was made by the Secretary of State, direct the payment by him ".