2nd Sch.
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.
Section six
In subsection (2) for references to section forty-five of the Prison Act, 1952, there shall be substituted references to the Second Schedule to the Prison Act (Northern Ireland) 1953.
Section eight
(1) In subsection (1), the words from “and subsection (3)” to “the said section ten” shall be omitted, and for subsection (2) there shall be substituted the following subsection:—
- “(2) The fees of any counsel, and the expenses and fees of any solicitor, assigned to a defendant by virtue of subsection (1) of this section, in either case up to an amount allowed by the House of Lords or by such officer or officers of that House as may be prescribed by order of that House, shall be paid by the Ministry of Home Affairs.”
(2) In subsection (3), for any reference to an order for the payment out of local funds of any sums referred to in that section there shall be substituted a reference to an order for payment by the Ministry of Home Affairs of such sums.
(3) After subsection (3) there shall be inserted the following subsection:—
- “(3a) Where an appeal to the House of Lords from the Court of Criminal Appeal in Northern Ireland under section one of this Act is determined in favour of the defendant, the House of Lords may, if it thinks fit, order the payment by the Ministry of Home Affairs of such sums as appear to the House reasonably sufficient to compensate the defendant for any expenses properly incurred by him—
- (a) in the appeal to the House of Lords or in the proceedings before the Court of Criminal Appeal, as the case may be (including the cost of any application for leave to appeal); or
- (b) in carrying on his defence before the court of assize or county court, at the preliminary investigation and before any other court of assize or county court before which proceedings for the offence in respect of which he was committed for trial were begun but not concluded.”
- “(3a) Where an appeal to the House of Lords from the Court of Criminal Appeal in Northern Ireland under section one of this Act is determined in favour of the defendant, the House of Lords may, if it thinks fit, order the payment by the Ministry of Home Affairs of such sums as appear to the House reasonably sufficient to compensate the defendant for any expenses properly incurred by him—
(4) In subsection (4), the words from “and section four” to “that House)” shall be omitted.
(5) For subsection (5) there shall be substituted the following subsection:—
- “(5) Where the Court of Criminal Appeal or the House of Lords orders the payment of costs by the defendant under this section, the order shall be enforceable in the same manner as an order for payment of costs made by the High Court in civil case.”
Section nine
For subsection (2) there shall be substituted the following subsection:—16
