Part III
under United Kingdom mental health legislation shall be an order authorising his continued detention in pursuance of that order or direction; and the relevant provisions of that legislation with respect to persons liable to be detained thereunder (including provisions as to the renewal of authority for detention and the removal or discharge of patients) shall apply accordingly.
(4) The legislation referred to in subsection (3) above is Part V of the 1959 c. 72.
1960 c. 61.
1961 c. 15 (N.I.)Mental Health Act 1959, the Mental Health (Scotland) Act 1960 and the Mental Health Act (Northern Ireland) 1961.
(5) Where the Appeal Court has power to make an order under this section, and either no such order is made or the accused is released or discharged by virtue of subsection (2) or (3) above before the appeal is disposed of, the accused shall not be liable to be again detained as a result of the decision of the House of Lords on the appeal.
Presence of accused at hearing. 44. Where the accused is detained pending an appeal from the Appeal Court to the House of Lords, he shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto unless an order of the House of Lords authorises him to be present, or that House or the Appeal Court give him leave to be present.
Effect of appeal on sentence. 45.—(1) Subject to this section, any sentence passed on an appeal from the Appeal Court to the House of Lords in substitution for another sentence shall, unless the House of Lords or the Appeal Court otherwise direct, begin to run from the time when that other sentence would have begun to run.
(2) Where under this Part of this Act a person subject to a sentence is admitted to bail pending an appeal, the time during which he is at large after being so admitted shall be disregarded in computing the term of his sentence.
Restitution of property. 46.—(1) Where the operation of an order for the restitution of property, being an order made under—
- section 76 of the Naval Discipline Act;
- section 138 of the Army Act; or
- section 138 of the Air Force Act.
(which sections apply when persons are convicted by court-martial of theft or other offences against property), is suspended until the determination of an appeal to the Appeal Court, the following subsections apply.
