Rule 50.26 Determination of detention pending appeal to the Supreme Court against dischargeI1

England and Wales

On an application for permission to appeal to the Supreme Court against a decision of the High Court which, but for that appeal, would have resulted in the defendant’s discharge, the High Court must—

(a)

decide whether to order the detention of the defendant; and

(b)

determine any application for—

(i)

bail pending appeal,

(ii)

permission to attend any hearing in the Supreme Court, or

(iii)

a representation order.

[Note. See sections 33A and 115A of the Extradition Act 2003^f1.

For the grant of legal aid for proceedings in the Supreme Court, see sections 14, 16 and 19 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012^f2.]

Annotations

Commencement

I1: Rule 50.26 in force at 6.10.2025, see Preamble

Footnotes

f1: 2003 c. 41; sections 33A and 115A were inserted by section 42 of, and paragraphs 8 and 35 of Schedule 13 to, the Police and Justice Act 2006 (c. 48).
f2: 2012 c. 10.

Notes on

Footnotes

f1: 2003 c. 41; sections 26 and 28 were amended by section 160 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).
f2: 2003 c. 41; section 108 was amended by paragraphs 10 and 12 of Schedule 20 to the Crime and Courts Act 2013 (c. 22). Section 108 was further amended, and sections 103, 105 and 110 were amended, by section 160 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12).