Paragraph 43

for subsection (1) substitute—

“(1)

The Appeal Court may make an order under this section where—

(a)

but for the decision of the Appeal Court, the accused would be liable to be detained; and

(b)

immediately after that decision, the Director of Service Prosecutions is granted leave to appeal or gives notice that he intends to apply for leave to appeal.

(1A)

An order under this section is—

(a)

an order providing for the detention of the accused so long as any appeal to the Supreme Court is pending; or

(b)

an order directing that, so long as any appeal to the Supreme Court is pending, the accused is not to be released except on bail.

(1B)

Where an order within subsection (1A)(b) is made, the Appeal Court may grant the accused bail pending the appeal.”;

in subsection (4) for “Mental Health (Scotland) Act 1984” substitute “ Mental Health (Care and Treatment) (Scotland) Act 2003 ”.