Page:Administration of Justice Act 1960 (UKPGA Eliz2-8-9-65 qp).pdf/3

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Ch. 65
Administration of Justice Act, 1960
8 & 9 Eliz. 2

constituted in accordance with the said section five may direct that the decision of that committee shall be taken on behalf of the House.

(4) For the purpose of disposing of an appeal under this section the House of Lords 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 House of Lords under this section.

Application for leave to appeal. 2.—(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 fourteen days beginning with the date of the decision of that court; and an application to the House of Lords for such leave shall be made within the period of fourteen days beginning with the date on which the application is refused by the court below.

(2) In the case of an appeal by a protected prisoner of war or protected internee within the meaning of the Geneva Conventions Act, 1957, the periods specified in subsection (1) of this section shall be extended until fourteen days after the date on which the applicant receives notice, given as mentioned in paragraph (a) or paragraph (b) of subsection (1) of section four of that Act, that the protecting power has been notified of the decision of the court below, or of the refusal by that court of the application, as the case may be.

(3) Except in a case involving sentence of death, the House of Lords 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 that House or that court under subsection (1) of this section.

Special provisions as to capital cases. 3.—(1) Any application for leave to appeal in a case involving sentence of death, and any appeal for which leave is granted on such an application, shall be heard and determined with as much expedition as practicable.

(2) Where an appeal to the Court of Criminal Appeal is dismissed in a case involving sentence of death, the sentence shall not in any case be executed until after the expiration of the time within which an application for leave to appeal may be made; and if such an application is duly made, the sentence shall not be executed while that application, and any appeal for which leave is granted thereon, is pending.

Admission of appellant to bail. 4.—(1) The power of the Court of Criminal Appeal under section fourteen of the Criminal Appeal Act, 1907, to grant bail pending an appeal to that court shall include power to grant bail to an appellant pending an appeal from that court under section one of this Act.

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