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Administration of Justice Act 1960

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This is the original version (as it was originally enacted).

9Procedure

(1)Section eighteen of the Criminal Appeal Act, 1907 (which provides for the making of rules of court for the purposes of that Act) shall have effect as if references to that Act included references to the foregoing provisions of this Act so far as they relate to the Court of Criminal Appeal.

(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 a Divisional 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 the House of Lords or rules of court, as the case may be, authorise him to be present or where that House or the court below, as the case may be, gives him leave to be present.

(4)The following powers of the Court of Criminal Appeal under this Act may be exercised by any judge of that court, that is to say the power—

(a)to extend under section two of this Act the time for making an application for leave to appeal;

(b)to make an order for or in relation to bail under this Act;

(c)to grant free legal aid under section eight of this Act; or

(d)to give leave under subsection (3) of this section to be present at the hearing of any proceedings preliminary or incidental to an appeal;

but where the judge refuses an application to exercise any such power, the applicant shall be entitled to have the application determined by the court.

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