Part II Appeal to House of Lords from Court of Appeal (Criminal Division)
Matters preliminary to hearing
C137 Detention of defendant on appeal by the Crown.
1
The following provisions apply where, immediately after a decision of the Court of Appeal from which an appeal lies to the F10Supreme Court, the prosecutor is granted or gives notice that he intends to apply for, leave to appeal.
2
If, but for the decision of the Court of Appeal, the defendant would be liable to be detained, the Court of Appeal F11shall make—
a
an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by the Court as under section 36 above), so long as the appeal is pending, or
b
an order that he be released without bail.
F82A
The Court may make an order under subsection (2)(b) only if they think that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.
3
An order under F9subsection (2)(a) shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would have been liable to be detained but for the decision of the Court of Appeal.
4
Where an order is made under F4subsection (2)(a) in the case of a defendant who, but for the decision of the Court of Appeal, would be liable to be detained in pursuance of—
a
an order or direction under F1Part III of the Mental Health Act 1983 (otherwise than under section 35, 36 or 38 of that Act) (admission to hospital of persons convicted by criminal courts); or
F6b
a hospital order made by virtue of section 5(2)(a) of the Criminal Procedure (Insanity) Act 1964 (powers to deal with persons not guilty by reason of insanity or unfit to plead etc),
the order under F4subsection (2)(a) shall be one authorising his continued detention in pursuance of the order or direction referred to in paragraph (a) or (b) of this subsection; and the provisions of F1the Mental Health Act 1983 with respect to persons liable to be detained as mentioned in this subsection (including provisions as to the renewal of authority for detention and the removal or discharge of patients) shall apply accordingly.
F24A
Where an order is made under F7subsection (2)(a) in the case of a defendant who, but for the decision of the Court of Appeal, would be liable to be detained in pursuance of a remand under F3section 36 of the Mental Health Act 1983 or an interim hospital order under F3section 38 of that Act, the order may, if the Court of Appeal thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event—
a
subsection (3) of this section shall not apply to the order;
b
F3Part III of the said Act of 1983 shall apply to him as if he had been ordered under this section to be detained in custody so long as an appeal to the House of Lords is pending and were detained in pursuance of a transfer direction together with a restriction direction; and
c
if the defendant, having been subject to an interim hospital order, is detained by virtue of this subsection and the appeal by the prosecutor succeeds, subsection (2) of the said section 31 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.
F55
The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if—
a
the Court of Appeal have made an order under subsection (2)(b), or
b
the Court have made an order under subsection (2)(a) but the order has ceased to have effect by virtue of subsection (3) or the defendant has been released or discharged by virtue of subsection (4) or (4A).