37 Detention of defendant on appeal by the Crown

37  Detention of defendant on appeal by the Crown

(1)     The following provisions apply where, immediately after a decision of the Court of Appeal from which an appeal lies to the [Supreme Court], the prosecutor is granted or gives notice that he intends to apply for, leave to appeal.

(2)     If, but for the decision of the Court of Appeal, the defendant would be liable to be detained, the Court of Appeal [shall make—

(a)     an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by the Court as under section 36 above), so long as the appeal is pending, or

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

[(2A)     The Court may make an order under subsection (2)(b) only if they think that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision

Powered by Lexis+®

Popular documents