SCHEDULE 3
Application of Provisions in Part V of Mental Health Act 1959 where Order made under Section 16(3) of this Act
Order for custody pending trial
1. Where an order is made by the Court of Appeal under section 16(3) of this Act for a person to be kept in custody pending trial, the following sections of the 1959 c. 72.Mental Health Act 1959, that is to say—
- section 73 (transfer of persons in custody to hospital for treatment);
- section 74 (special restrictions on discharge); and
- section 76 (cases in which a direction for a person’s transfer to hospital may lapse),
shall apply to him as they apply to the persons listed in paragraphs (a) to (c) of section 73(2) of the said Act of 1959.
Order for continued detention under Act of 1959
2. Where an order is made by the Court of Appeal under section 16(3) of this Act for a person’s continued detention under the Mental Health Act 1959, Part V of that Act (admission to hospital of patients concerned in criminal proceedings and transfer of patients in custody) shall apply to him as if he had been ordered under the said section 16(3) to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a direction restricting discharge.
Section 48.SCHEDULE 4
Procedural and other Modifications for Capital Cases
Appeal to Court of Appeal
1. In the case of a conviction involving sentence of death the power of the criminal division of the Court of Appeal under section 18(3) of this Act to extend the time for giving notice of appeal, or notice of application for leave to appeal, shall not be exercisable.
2. In the case of a conviction involving sentence of death—
- (a) the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal or of application for leave to appeal under Part I of this Act may be given; and
- (b) if notice is so given, the appeal or application shall be heard and determined with as much expedition as is practicable, and the sentence shall not be executed until after the determination of the appeal or, in cases where an application for leave to appeal is finally refused, of the application.
Appeal to House of Lords
