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Criminal Appeal Act 1968

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This is the original version (as it was originally enacted).

Section 16.

SCHEDULE 3Application of Provisions in Part V of Mental Health Act 1959 where Order made under Section 16(3) of this Act

Order for custody pending trial

1Where an order is made by the Court of Appeal under section 16(3) of this Act for a person to be kept in custody pending trial, the following sections of the [1959 c. 72.] Mental Health Act 1959, that is to say—

  • section 73 (transfer of persons in custody to hospital for treatment) ;

  • section 74 (special restrictions on discharge) ; and

  • section 76 (cases in which a direction for a person's transfer to hospital may lapse),

shall apply to him as they apply to the persons listed in paragraphs (a) to (c) of section 73(2) of the said Act of 1959.

Order for continued detention under Act of 1959

2Where an order is made by the Court of Appeal under section 16(3) of this Act for a person's continued detention under the Mental Health Act 1959, Part V of that Act (admission to hospital of patients concerned in criminal proceedings and transfer of patients in custody) shall apply to him as if he had been ordered under the said section 16(3) to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a direction restricting discharge.

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