Part IIIF6APPEAL FROM COURT MARTIAL APPEAL COURT TO F5Court of Judicature

Annotations:
Amendments (Textual)
F6

Pt. 3 heading substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 41; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

43 Detention of accused.

F71

The Appeal Court F9shall make one of the orders specified in subsection (1A) where—

a

but for the decision of the Appeal Court, the accused would be liable to be detained; and

b

immediately after that decision, the Director of Service Prosecutions is granted leave to appeal or gives notice that he intends to apply for leave to appeal.

1A

F10The orders specified in this subsection are —

a

an order providing for the detention of the accused so long as any appeal to the F5Court of Judicature is pending; F12...

b

an order directing that, so long as any appeal to the F5Court of Judicature is pending, the accused is not to be released except on bail.

F11c

an order that the accused be released without bail.

1B

Where an order within subsection (1A)(b) is made, the Appeal Court may grant the accused bail pending the appeal.

F81C

The Appeal Court may make an order within subsection (1A)(c) only if they think that it is in the interests of justice that the accused should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.

2

An order F13within subsection (1A)(a) or (b) shall (unless the appeal has been previously disposed of) cease to have effect at the expiration of the period for which the accused would have been liable to be detained but for the decision of the Appeal Court.

3

An order made under this section for the detention of a person who, but for the decision of the Appeal Court, would be liable to be detained in pursuance of an order or direction under United Kingdom mental health legislation shall be an order authorising his continued detention in pursuance of that order or direction; and the relevant provisions of that legislation with respect to persons liable to be detained thereunder (including provisions as to the renewal of authority for detention and the removal or discharge of patients) shall apply accordingly.

F43A

The relevant provisions of the Mental Health Act 1983 with respect to community treatment orders (within the meaning of that Act) shall also apply for the purposes of subsection (3).

4

The legislation referred to in subsection (3) above is F1Part III of the Mental Health Act 1983 the F3Mental Health (Care and Treatment) (Scotland) Act 2003 and the Mental Health F2(Northern Ireland) Order 1986.

F145

The accused shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if—

a

the Appeal Court have made an order within subsection (1A)(c), or

b

the Appeal Court have made an order within subsection (1A)(a) or (b) but the order has ceased to have effect by virtue of subsection (2) or the accused has been released or discharged by virtue of subsection (3).