Search Legislation

Administration of Justice Act 1960

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Administration of Justice Act 1960 is up to date with all changes known to be in force on or before 24 March 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

E+W+N.I.

Administration of Justice Act 1960

1960 CHAPTER 65 8 and 9 Eliz 2

An Act to make further provision for appeals to the House of Lords in criminal cases; to amend the law relating to contempt of court, habeas corpus and certiorari; and for purposes connected with the matters aforesaid.

[27th October 1960]

Appeal to House of Lords in Criminal CasesE+W+N.I.

[F11Right of appeal.E+W+N.I.

(1)Subject to the provisions of this section, an appeal shall lie to the [F2Supreme Court], at the instance of the defendant or the prosecutor,—

(a)from any decision of [F3the High Court] in a criminal cause or matter;

F4(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)No appeal shall lie under this section except with the leave of the court below or of [F5the Supreme Court]; and such leave shall not be granted unless it is certified by the court below that a point of law of general public importance is involved in the decision and it appears to that court or to [F5the Supreme Court], as the case may be, that the point is one which ought to be considered by [F5the Supreme Court].

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For the purpose of disposing of an appeal under this section the [F7Supreme Court ] may exercise any powers of the court below or may remit the case to that court.

(5) In this Act, unless the context otherwise requires, “leave to appeal” means leave to appeal to the [F7Supreme Court ] under this section. ]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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

F3 Words in s. 1(1)(a) substituted (27.9.1999) by 1999 c. 22, ss. 63(1), 108(3) (with s. 107 and Sch. 14 para. 7(2))

Modifications etc. (not altering text)

C1 S. 1 applied (with modifications) (15.3.1996) by S.I. 1996/716, art. 7(5)

S. 1 applied (17.5.1996) by S.I. 1996/1296, art. 7(5)

S. 1 applied (with modifications) (1.9.2001) by 2001 c. 17, s. 9(3) (with ss. 16(5) , 78); S.I. 2001/2161, art. 2 (subject to art. 3)

C3 S. 1(1) excluded (E.W.) (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 274(4), 336(2)

C4 S. 1(1) excluded (E.W.) (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 22 para. 14(2)

[F82Application for leave to appeal.E+W+N.I.

(1)Subject to the provisions of this section, an application to the court below for leave to appeal shall be made within the period of [F9fourteen] [F928] days beginning with the [F10date of the decision of that court] [F10relevant date]; and an application to the [F11Supreme Court] for such leave shall be made within the period of [F12fourteen] [F1228] days beginning with the date on which the application is refused by the court below.

[F13(1A)In subsection (1), “the relevant date” means—

(a)the date of the decision of the court below, or

(b)if later, the date on which that court gives reasons for its decision.]

F14(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F15... The [F11Supreme Court] or the court below may, upon application made at any time by the defendant, extend the time within which an application may be made by him to [F16the Supreme Court or the court below] under subsection (1) of this section.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8 Ss. 1–5 repealed (N.I.) (with saving) by Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 6 para. 13

F9Words in s. 2(1) substituted (E.W.) (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(1)(2)(a), 110(1); S.I. 2005/910, art. 3(v)

F10Words in s. 2(1) substituted (E.W.) (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(1)(2)(b), 110(1); S.I. 2005/910, art. 3(v)

F12Words in s. 2(1) substituted (E.W.) (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(1)(2)(a), 110(1); S.I. 2005/910, art. 3(v)

F13S. 1(1A) inserted (E.W.) (1.4.2005) by Courts Act 2003 (c. 39), ss. 88(3), 110(1); S.I. 2005/910, art. 3(v)

F173 Special provisions as to capital cases.E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F184 Admission of appellant to bail.E+W+N.I.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(2) The power of the High Court under any enactment or rule of law to grant bail in connection with proceedings pending before [F20 the High Court ] shall [F21 , subject to section 25 of the Criminal Justice and Public Order Act 1994, ] include power to grant bail to [F22 an appellant under section 1 of this Act, or a person applying for leave to appeal thereunder, pending the appeal ] ; and in relation to [F23 the time and place of appearance appointed and ] any recognizance to be entered into [F23 by any surety ] under section thirty-seven of the M1 Criminal Justice Act 1948 as applied by this subsection, any reference in that section to the judgment of the High Court shall be construed as a reference to the judgment of [F24 the Supreme Court ] or, if the case is remitted by [F24 the Supreme Court ] to the court below, to the judgment of that court on the case as so remitted.

(3) Where application is made to [F20 the High Court ] for leave to appeal, that court may give such directions as it thinks fit for discharging or enlarging any recognizances entered into by . . . F25 any surety, under any enactment or otherwise, with reference to the proceedings of that court. ]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F18 Ss. 1–5 repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23) , Sch. 6 para. 13

F20 Words in s. 4(2) and (3) substituted (27.9.1999) by 1999 c. 22 , ss. 63(2) , 108(3) (with s. 107 and S Ch. 14 para. 7(2) ).

F21 Words in s. 4(2) substituted (10.4.1995) by 1994 c. 33 , s. 168(2) , Sch. 10 para. 10 ; S.I. 1995/721 , art. 2 , Sch.

F25 Words repealed by Bail Act 1976 (c. 63) , Sch. 3

Marginal Citations

[F26 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 [F27shall make—

(a)an order providing for the detention of the defendant, or directing that he shall not be released except on bail (which may be granted by the court as under section 4 above), so long as the appeal is pending, or

(b)an order that the defendant be released without bail.]

[F28(1A)The court may make an order under subsection (1)(b) only if it thinks 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.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

(3)An order under [F30subsection (1)(a)] 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 [F31the said subsection (1)(a)] 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 [F32Part 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 [F32the 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.

[F33(4A)Where an order is made under [F34 the said subsection (1)(a)] 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 [F35section 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)[F35Part 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 [F35the 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.]

[F36(5)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 has made an order under subsection (1)(b), or

(b)the court has made an order under subsection (1)(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).]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F26 Ss. 1–5 repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23) , Sch. 6 para. 13

F29 Ss. 5(2) , 6(2) repealed by Criminal Justice Act 1967 (c. 80) , Sch. 7 Pts. I , III

F32 Words substituted by Mental Health Act 1983 (c. 20) , Sch. 4 para. 17 ( a )

F35 Words substituted by Mental Health Act 1983 (c. 20) , Sch. 4 para. 17 ( b )

Modifications etc. (not altering text)

[F375APower to order continuation of community treatment orderE+W+N.I.

(1)Where the defendant in any proceedings from which an appeal lies under section 1 of this Act would, but for the decision of the court below, be liable to recall, 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 under this section.

(2)For the purposes of this section, a person is liable to recall if he is subject to a community treatment order (within the meaning of the Mental Health Act 1983) and, when that order was made, he was liable to be detained in pursuance of an order or direction under Part 3 of that Act.

(3)An order under this section is an order providing for the continuation of the community treatment order and the order or direction under Part 3 of that Act so long as any appeal under section 1 of this Act is pending.

(4)Where the court makes an order under this section, the provisions of the Mental Health Act 1983 with respect to persons liable to recall (including provisions as to the extension of the community treatment period, the removal or discharge of community patients, the revocation of community treatment orders and the re-detention of patients following revocation) shall apply accordingly.

(5)An order under 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, but for the decision of the court below, have been—

(a)liable to recall; or

(b)where the community treatment order is revoked, liable to be detained in pursuance of the order or direction under Part 3 of the Mental Health Act 1983.

(6)Where the court below has power to make an order under this section, and either no such order is made or the defendant is discharged by virtue of subsection (4) or (5) 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 Supreme Court on the appeal.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F26 Ss. 1–5 repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23) , Sch. 6 para. 13

[F386 Computation of sentence where bail granted.E+W+N.I.

(1)Where a person subject to a sentence is [F39admitted to][F39granted] bail pending an appeal under section one of this Act, the time during which he is [F39at large after being so admitted][F39released on bail] shall be disregarded in computing the term of his sentence.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

(3)Subject to the foregoing provisions of this section, any sentence passed on an appeal under section one of this Act in substitution for another sentence shall, unless the [F41Supreme Court ] or the court below otherwise directs, begin to run from the time when that other sentence would have begun to run.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F26 Ss. 1–5 repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23) , Sch. 6 para. 13

F38 Ss. 6 , 9 , 13 , 15 , 17(1)(3)(4) , 18(3) repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38) , Sch. 6 para. 13 , Sch. 7 Pt. I

F39 Word “granted” substituted (E.W.) for words “admitted to” and words “released on bail” substituted (E.W.) for words “at large after being so admitted” by Bail Act 1976 (c. 63) , Sch. 2 para. 31

F40 Ss. 5(2) , 6(2) repealed by Criminal Justice Act 1967 (c. 80) , Sch. 7 Pts. I , III

7, 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42 E+W+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F26 Ss. 1–5 repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23) , Sch. 6 para. 13

F42Ss. 7, 8 repealed (E.W.) by 1968 (c. 19) s. 54 Sch. 7 and (N.I.) by 1968 (c. 21) s. 54 Sch. 5

[F439 Procedure.E+W+S+N.I.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

(2)Subsection (4) of section thirty-seven of the Criminal Justice Act 1948 (which enables rules of court to be made with respect to the security given for the purposes of that section and the recommittal of persons admitted to bail thereunder) shall have effect as if references to that section included references to sections four and five of this Act so far as they relate to [F45the High Court].

(3)A defendant who is detained pending an appeal under section one of this Act shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto except where an order of [F46the Supreme Court] [F47authorises][F47or rules of court, as the case may be, authorise] him to be present or where [F46that House] or the court below, as the case may be, gives him leave to be present.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ] F48

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F26 Ss. 1–5 repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23) , Sch. 6 para. 13

F43 Ss. 6 , 9 , 13 , 15 , 17(1)(3)(4) , 18(3) repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38) , Sch. 6 para. 13 , Sch. 7 Pt. I

F45Words in s. 9(2) substituted (27.9.1999) by 1999 C. 22, Ss. 63(2), 108(3) (with s. 107 and SCh. 14 para. 7(2)).

F47 Word “authorises” substituted (E.W.) for words “or rules of court, as the case may be, authorise” by Criminal Justice Act 1967 (c. 80) , Sch. 4 para. 30

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49 E+W+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F26 Ss. 1–5 repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23) , Sch. 6 para. 13

F49 S. 10 repealed by Courts- Martial (Appeals) Act 1968 (c. 20) , s. 60 , Sch. 6

Contempt of court, habeas corpus and certiorariE+W+N.I.

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50E+W+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

12 Publication of information relating to proceedings in private.E+W+N.I.

(1)The publication of information relating to proceedings before any court sitting in private shall not of itself be contempt of court except in the following cases, that is to say—

[F51(a)where the proceedings—

(i)relate to the exercise of the inherent jurisdiction of the High Court with respect to minors;

(ii)are brought under the Children Act 1989 [F52 or the Adoption and Children Act 2002 ]; or

(iii)otherwise relate wholly or mainly to the maintenance or upbringing of a minor;]

(b)where the proceedings are brought [F53under the Mental Capacity Act 2005, or under any provision of the Mental Health Act 1983] authorising an application or reference to be made to [F54the First-tier Tribunal, the Mental Health Review Tribunal for Wales or] [F55the county court];

(c)where the court sits in private for reasons of national security during that part of the proceedings about which the information in question is published;

(d)where the information relates to a secret process, discovery or invention which is in issue in the proceedings;

(e)where the court (having power to do so) expressly prohibits the publication of all information relating to the proceedings or of information of the description which is published.

(2)Without prejudice to the foregoing subsection, the publication of the text or a summary of the whole or part of an order made by a court sitting in private shall not of itself be contempt of court except where the court (having power to do so) expressly prohibits the publication.

(3)In this section references to a court include references to a judge and to a tribunal and to any person exercising the functions of a court, a judge or a tribunal; and references to a court sitting in private include references to a court sitting in camera or in chambers.

(4)Nothing in this section shall be construed as implying that any publication is punishable as contempt of court which would not be so punishable apart from this section [F56(and in particular where the publication is not so punishable by reason of being authorised by rules of court)].

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F52Words in s. 12(1)(a)(ii) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), ss. 101(2), 148(1) (with Sch. 4 paras. 1, 6-8); S.I. 2005/2213, art. 2(h)

F53Words in s. 12(1)(b) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 6 para. 10 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F55Words in ss. 12, 13 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F56Words in s. 12(4) inserted (E.W.) (12.4.2005) by Children Act 2004 (c. 31), ss. 62(2), 67(7)(j); S.I. 2005/847, art. 2

[F5713 Appeal in cases of contempt of court. E+W+N.I.

(1)Subject to the provisions of this section, an appeal shall lie under this section from any order or decision of a court in the exercise of jurisdiction to punish for contempt of court (including criminal contempt); and in relation to any such order or decision the provisions of this section shall have effect in substitution for any other enactment relating to appeals in civil or criminal proceedings.

(2)An appeal under this section shall lie in any case at the instance of the defendant and, in the case of an application for committal or attachment, at the instance of the applicant; and the appeal shall lie—

(a) from an order or decision of any inferior court not referred to in the next following paragraph, to F58 . . . the High Court;

( b )from an order or decision of [F55the county court] or any other inferior court from which appeals generally lie to the Court of Appeal, and from an order or [F59decision (other than a decision on an appeal under this section) of a single] judge of the High Court, or of any court having the powers of the High Court or of a judge of that court, to the Court of Appeal;

[F60(bb)from an order or decision of the Crown Court to the Court of Appeal].

F61( c )[F62from a decision of a single judge of the High Court on an appeal under this section,]from an order or decision of a Divisional Court or the Court of Appeal (including a decision of either of those courts on an appeal under this section), [F61and from an order or decision (except one made in Scotland or Northern Ireland) of the Court Martial Appeal Court], to the [F63 Supreme Court].

[F64(2A)Paragraphs (a) to (c) of subsection (2) of this section do not apply in relation to appeals under this section from an order or decision of the family court, but (subject to any provision made under section 56 of the Access of Justice Act 1999 or by or under any other enactment) such an appeal shall lie to the Court of Appeal.]

(3) The court to which an appeal is brought under this section may reverse or vary the order or decision of the court below, and make such other order as may be just; and without prejudice to the inherent powers of any court referred to in subsection (2) of this section, provision may be made by [F65 rules of court ] [F65 rules made under section seven of the M2 Northern Ireland Act 1962 ] for authorising the release on bail of an appellant under this section.

(4)Subsections (2) to (4) of section one and section two of this Act shall apply to an appeal to[F66the Supreme Court ] under this section as they apply to an appeal to [F66the Supreme Court ] under the said section one, except that so much of the said subsection (2) as restricts the grant of leave to appeal shall apply only where the decision of the court below is a decision on appeal to that court under this section.

F67( 5 ) In this section “ court ” includes any tribunal or person having power to punish for contempt; and references in this section to an order or decision of a court in the exercise of jurisdiction to punish for contempt of court include references—

(a)to an order or decision of the High Court, [F68the family court,][F69the Crown Court] or [F55the county court] under any enactment enabling that court to deal with an offence as if it were contempt of court;

(b)to an order or decision of [F55the county court], or of any court having the powers of [F55the county court], under [F70section 14, 92 or 118 of the County Courts Act 1984];

(c)to an order or decision of a magistrates’ court under [F71subsection (3) of section 63 of the Magistrates’ Courts Act 1980] ,

[F67(d)to an order or decision (except one made in Scotland or Northern Ireland) of the Court Martial, the Summary Appeal Court or the Service Civilian Court under section 309 of the Armed Forces Act 2006,]

but do not include references to orders under section five of the M3 Debtors Act 1869, or under any provision of [F71 the Magistrates’ Court Act 1980 ] , or the M4 County Courts Act [F72 1984 ] , except those referred to in paragraphs (b) and (c) of this subsection and except [F73 sections 38 and 142 ] of the last mentioned Act so far as those sections confer jurisdiction in respect of contempt of court.

(6) This section does not apply to a conviction or sentence in respect of which an appeal lies under [F74 Part I of the M5 Criminal Appeal Act 1968, or to a decision of the criminal division of the Court of Appeal under that Part of that Act; . . . ]] F75

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F55Words in ss. 12, 13 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F57 Ss. 6 , 9 , 13 , 15 , 17(1)(3)(4) , 18(3) repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38) , Sch. 6 para. 13 , Sch. 7 Pt. I

F58 Words in s. 13(2)(a) repealed (27.9.1999) by 1999 c. 22 , ss. 64 (1)(2), 106, 108(3), Sch. 15 Pt. III (with s. 107 and Sch. 14 paras. 7(2), 36(9)).

F59 Words in s. 13(2)(b) substituted (27.9.1999) by 1999 c. 22 , ss. 64(1)(3) , 108(3) (with s. 107 and Sch. 14 para.7(2) )

F61Words in s. 13(2)(c) substituted (28.3.2009 for specified purposes and 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 45(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F62 Words in s. 13(2)(c) inserted (27.9.1999) by 1999 c. 22 , ss. 64(1)(4) , 108(3) (with s. 107 and Sch. 14 para. 7(2) ).

F64S. 13(2A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 15(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F65 Words “rules” to “1962” substituted for words “rules of court” in application of s. 13 to N.I. by Northern Ireland Act 1962 (c. 30) , Sch. 1 Pt. I

F67S. 13(5)(d) inserted (28.3.2009 for specified purposes and 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 45(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F68Words in s. 13(5)(a) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 15(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C6 S. 13 extended (E.W.) by Attachment of Earnings Act 1971 (c. 32) , s. 23(9)

C7 Reference to the Court of Appeal to be construed as reference to the civil division of the Court of Appeal as mentioned in Criminal Appeal Act 1966 (c. 31) , s. 1(6) ( c )

C8 Reference to Court of Criminal Appeal to be construed as reference to the criminal division of the Court of Appeal as mentioned in Criminal Appeal Act 1966 (c. 31) , s. 1(6) ( a )

Marginal Citations

14 Procedure on application for habeas corpus.E+W+N.I.

F76(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Notwithstanding anything in any enactment or rule of law, where a criminal or civil application for habeas corpus has been made by or in respect of any person, no such application shall again be made by or in respect of that person on the same grounds, whether to the same court or judge or to any other court or judge, unless fresh evidence is adduced in support of the application F77....

(3)In every case where the person by or in respect of whom an application for habeas corpus is made is restrained as a person liable, or treated by virtue of any enactment as liable, to be detained in pursuance of an order or direction under Part V of the M6Mental Health Act 1959 (otherwise than by virtue of paragraph (e) or paragraph (f) of subsection (2) of section seventy-three of that Act), the application shall be deemed for the purposes of this section and of any appeal in the proceedings to constitute a criminal cause or matter.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F76S. 14(1) repealed (27.9.1999) by 1999 c. 22, ss. 65(1), 106, 108(3), Sch. 15 Pt. III (with s. 107 and Sch. 14 paras. 7(2), 36(9)).

Marginal Citations

[F7815 Appeal in habeas corpus proceedings.E+W+S+N.I.

(1)Subject to the provisions of this section, an appeal shall lie, in any proceedings upon application for habeas corpus, whether civil or criminal, against an order for the release of the person restrained as well as against the refusal of such an order.

F79( 2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In relation to a decision of [F80the High Court] on a criminal application for habeas corpus, section one of this Act shall have effect as if so much of subsection (2) as restricts the grant of leave to appeal were omitted.

(4)Except as provided by section five of this Act in the case of an appeal against an order of [F80the High Court] on a criminal application, an appeal brought by virtue of this section shall not affect the right of the person restrained to be discharged in pursuance of the order under appeal and (unless an order under subsection (1) of that section is in force at the determination of the appeal) to remain at large regardless of the decision on appeal.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F78 Ss. 6 , 9 , 13 , 15 , 17(1)(3)(4) , 18(3) repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38) , Sch. 6 para. 13 , Sch. 7 Pt. I

F79 S. 15(2) repealed (27.9.1999) by 1999 c. 22 , ss. 65(1)(b) , 106 , 108(3) , Sch. 15 Pt. III (with s. 107 and S Ch. 14 paras. 7(2) , 36(9) ).

F80 Words in s. 15(3) and (4) substituted (27.9.1999) by 1999 c. 22 , ss. 65(2) , 108(3) (with s. 107 and Sch. 14 para. 7(2) ).

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81E+W+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

SupplementaryE+W+N.I.

17 Interpretation.E+W+N.I.

[F82(1)In this Act any reference to the defendant shall be construed—

(a)in relation to proceedings for an offence, and in relation to an application for an order of mandamus, prohibition or certiorari in connection with such proceedings, as a reference to the person who was or would have been the defendant in those proceedings;

(b)in relation to any proceedings or order for or in respect of contempt of court, as a reference to the person against whom the proceedings were brought or the order was made;

(c)in relation to a criminal application for habeas corpus, as a reference to the person by or in respect of whom that application was made,

and any reference to the prosecutor shall be construed accordingly.]

(2)In this Act “application for habeas corpus” means an application for a writ of habeas corpus ad subjiciendum and references to a criminal application or civil application shall be construed according as the application does or does not constitute a criminal cause or matter.

[F82(3)In this Act any reference to the court below shall, in relation to any function of a Divisional Court, be construed as a reference to the Divisional Court or to a judge according as the function is by virtue of [F83rules of court][F83rules made under section seven of the M7Northern Ireland Act 1962] exercisable by the Divisional Court or a judge.

(4)An appeal under section one of this Act shall be treated for the purposes of this Act as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for the purposes of this Act an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.]

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

(6)Any reference in this Act to any other enactment is a reference thereto as amended by or under any other enactment, including this Act.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F82 Ss. 6 , 9 , 13 , 15 , 17(1)(3)(4) , 18(3) repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38) , Sch. 6 para. 13 , Sch. 7 Pt. I

F83 Words “rules” to “1962” substituted for words “rules of court” in application of s. 17(3) to N.I. by Northern Ireland Act 1962 (c. 30) , Sch. 1 Pt. I

Marginal Citations

18 Provisions as to Northern Ireland.E+W+N.I.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

[F87(3)An appeal shall lie to the House of Lords from any decision of the Court of Appeal in Northern Ireland in proceedings begun by a civil application for habeas corpus in like manner and subject to the like conditions (including requirements as to leave to appeal) as an appeal from a decision of the Court of Appeal in England in such proceedings.]

(4)This Act shall, in its application to Northern Ireland, have effect subject to the modifications set out in the Second Schedule to this Act; . . . F88

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F87 Ss. 6 , 9 , 13 , 15 , 17(1)(3)(4) , 18(3) repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38) , Sch. 6 para. 13 , Sch. 7 Pt. I

19 Minor and consequential amendments and repeals.E+W+N.I.

F89( 1 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90

(3) The repeals effected by subsection (2) of this section in section four of the M8 Geneva Conventions Act 1957 shall not affect the power of Her Majesty under subsection (2) of section eight of that Act to extend the provisions of that Act outside the United Kingdom.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F89 S. 19(1) repealed (5.11.1993) by 1993 c. 50 , s. 1(1) , Sch. 1 Pt. I Group1.

Marginal Citations

20 Short title and extent.E+W+N.I.

(1)This Act may be cited as the Administration of Justice Act 1960.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91, this Act shall not extend to Scotland.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F91 Words repealed by Courts- Martial (Appeals) Act 1968 (c. 20) , Sch. 6

FIRST SCHEDULEE+W+N.I. . . . F92

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Section 18.

SECOND SCHEDULEE+W+N.I. Modifications of Act in relation to Northern Ireland

Part IE+W+N.I. General Modifications

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F93

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F93Sch. 2 Pt. I paras. 1, 3 and Pt. II (except so much thereof as modifies sections 12 and 14) repealed (with saving) by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), Sch. 6 para. 13, Sch. 7 Pt. I

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F94Sch. 2 Pt. I para. 2 repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3), Sch. 15 Pt. III (with s. 107 and Sch. 14 paras. 7(2), 36(9)).

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F95Sch. 2 Pt. I paras. 1, 3 and Pt. II (except so much thereof as modifies sections 12 and 14) repealed (with saving) by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), Sch. 6 para. 13, Sch. 7 Pt. I

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

6Any reference in a provision of this Act to any other provision of this Act shall be construed as a reference to that other provision as modified by this Schedule, and any reference in this Act to an enactment shall be construed as including references to an enactment of the Parliament of Northern Ireland.

Part IIE+W+N.I. Specific Modifications . . . F98

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F98Sch. 2 Pt. I paras. 1, 3 and Pt. II (except so much thereof as modifies sections 12 and 14) repealed (with saving) by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), Sch. 6 para. 13, Sch. 7 Pt. I

Section twelveE+W+N.I.

F99[(1) For paragraph (a) of subsection (1) there shall be substituted the following paragraph:—

(a) where the proceedings—

(i) relate to the exercise of the inherent jurisdiction of the High Court with respect to minors;

(ii) are brought under the Children (Northern Ireland) Order 1995; or

(iii) otherwise relate wholly or mainly to the maintenance or upbringing of a minor

(2) For paragraph (b) of that subsection] there shall be substituted the following paragraph:—

(b)where the proceedings are brought under the law for the time being in force in Northern Ireland with respect to the care or custody of, or to the property and affairs of, persons suffering from mental illness or other mental disorder;.

. . . F100

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F99Sch. 2 para. relating to s. 12: s. 12(1)(2) substituted for para relating to s. 12 (4.11.1996) by S.I. 1995/755, art. 185(1), Sch. para. 13 (with Sch. 8 para. 1(1)); S.R. 1996/297 art. 2(2)

F100Sch. 2 Pt. I paras. 1, 3 and Pt. II (except so much thereof as modifies sections 12 and 14) repealed (with saving) by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), Sch. 6 para. 13, Sch. 7 Pt. I

For paragraph(b) of subsection (1) there shall be substituted the following paragraph:—

(b)where the proceedings are brought under the law for the time being in force in Northern Ireland with respect to the care or custody of, or to the property and affairs of, persons suffering from mental illness or other mental disorder;.

. . .

Section fourteenE+W+N.I.

(1)In subsection (2) the words from “and no such application” to the end of the subsection shall be omitted.

(2)In subsection (3) for any reference to a provision of the M9Mental Health Act 1959 there shall be substituted a reference to the corresponding provision of the enactments for the time being in force in Northern Ireland with respect to prisoners or other persons suffering from mental illness or other mental disorder.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

THIRD SCHEDULEE+W+N.I.. . . F102

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F102Sch. 3 repealed (5.11.1993) by 1993 c. 50, s. 1(1) Sch. 1 Pt. I Group 1.

FOURTH SCHEDULEE+W+N.I. . . . ]F103

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources