Administration of Justice Act 1960

[F1 5 Power to order detention or admission to bail of defendant. E+W+N.I.

(1) Where the defendant in any proceedings from which an appeal lies under section one of this Act would, but for the decision of the court below, be liable to be detained, and immediately after that decision the prosecutor is granted, or gives notice that he intends to apply for, leave to appeal, the court may make an order providing for the detention of the defendant, or directing that he shall not be released except on bail, [F2 (which may be granted by the court as under section 4 above)] so long as any appeal under section one of this Act is pending.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(3) An order under subsection (1) of this section 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 below.

(4) Any order made under the said subsection (1) for the detention of a defendant who, but for the decision of the court below, would be liable to be detained in pursuance of an order or direction under [F4 Part III of the Mental Health Act 1983 (other than under section 35, 36, or 38)] , shall be an order authorising his continued detention in pursuance of the order or direction under [F4 the said Part III] , and the provisions of the said Act with respect to persons so liable (including provisions as to the renewal of authority for detention and the removal or discharge of patients) shall apply accordingly.

[F5 (4A) Where an order is made under the said subsection (1) in the case of a defendant who, but for the decision of the court below, would be liable to be detained in pursuance of an interim hospital order under [F6 section 38 of the Mental Health Act 1983], the order may, if the court 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) [F6 Part III of the said Act of 1983] shall apply as if he had been ordered under this section to be detained in custody so long as any appeal under section 1 of this Act is pending and were detained in pursuance of a transfer direction together with a restriction direction; and

(c) if the defendant is detained by virtue of this subsection and the appeal by the prosecutor succeeds, subsection (2) of [F6 the said section 38] (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.]

(5) Where the court below has power to make an order under subsection (1) of this section, and either no such order is made or the defendant is released or discharged by virtue of [F7 subsection (3), (4) or (4A)] of this section before the appeal is disposed of, the defendant shall not be liable to be again detained as the result of the decision of the House of Lords on the appeal.]

Textual Amendments

F1 Ss. 1–5 repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23) , Sch. 6 para. 13

F2 Words inserted by Criminal Justice Act 1967 (c. 80), Sch. 4 para. 26(a)

F3 Ss. 5(2) , 6(2) repealed by Criminal Justice Act 1967 (c. 80) , Sch. 7 Pts. I , III

F4 Words substituted by Mental Health Act 1983 (c. 20) , Sch. 4 para. 17 ( a )

F5 S.5(4A) inserted by Mental Health (Amendment) Act 1982 (c. 51) , Sch. 3 para. 32

F6 Words substituted by Mental Health Act 1983 (c. 20) , Sch. 4 para. 17 ( b )

F7 Words substituted by Mental Health (Amendment) Act 1982 (c. 51), Sch. 3 para. 32(b)