Section 9 Procedure.F1F2
United Kingdom
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Subsection (4) of section thirty-seven of the Criminal Justice Act 1948 (which enables rules of court to be made with respect to the security given for the purposes of that section and the recommittal of persons admitted to bail thereunder) shall have effect as if references to that section included references to sections four and five of this Act so far as they relate to F4the High Court.
A defendant who is detained pending an appeal under section one of this Act shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto except where an order of F5the Supreme Court F6authorisesor rules of court, as the case may be, authorise him to be present or where that House or the court below, as the case may be, gives him leave to be present.
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Annotations
Textual amendments
- F1
Ss. 1–5 repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23) , Sch. 6 para. 13
- F2
Ss. 6 , 9 , 13 , 15 , 17(1)(3)(4) , 18(3) repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38) , Sch. 6 para. 13 , Sch. 7 Pt. I
- F3
S. 9(1) repealed by (E.W.) Criminal Justice Act 1967 (c. 80) , Sch. 7 Pt. I and (N.I.) Criminal Appeal (Northern Ireland) Act 1968 (c. 21) , Sch. 5
- F4
Words in s. 9(2) substituted (27.9.1999) by 1999 C. 22, Ss. 63(2), 108(3) (with s. 107 and SCh. 14 para. 7(2)).
- F5
Words in s. 9(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 13(6); S.I. 2009/1604, art. 2(d)
- F6
Word “authorises” substituted (E.W.) for words “or rules of court, as the case may be, authorise” by Criminal Justice Act 1967 (c. 80) , Sch. 4 para. 30
- F7
Ss. 3(2) , 4(1) , 9(4) repealed by (E.W.) Criminal Appeal Act 1968 (c. 19) , Sch. 7 and (N.I.) Criminal Appeal (Northern Ireland) Act 1968 (c. 21) , Sch. 5