Rule 39.13 Directions about re-admission to hospital on dismissal of appealI1

England and Wales As made

(1)

This rule applies where—

(a)

an appellant subject to—

(i)

an order under section 37(1) of the Mental Health Act 1983^f1 (detention in hospital on conviction), or

(ii)

an order under section 5(2) of the Criminal Procedure (Insanity) Act 1964^f2 (detention in hospital on finding of insanity or disability)

has been released on bail pending appeal; and

(b)

the court—

(i)

refuses permission to appeal,

(ii)

dismisses the appeal, or

(iii)

affirms the order under appeal.

(2)

The court must give appropriate directions for the appellant’s—

(a)

re-admission to hospital; and

(b)

if necessary, temporary detention pending re-admission.

Annotations

f1: 1983 c. 20; section 37(1) was amended by section 55 of, and paragraph 12 of Schedule 4 to, the Crime (Sentences) Act 1997 (c. 43) and section 304 of, and paragraphs 37 and 38 of Schedule 32 to, the Criminal Justice Act 2003 (c. 44).
f2: 1964 c. 84.