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Paragraph 6

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Rules of court may be made—

(a)

for determining the cases in which the powers of the Court of Appeal under section 41 and this Schedule may be exercised by a judge thereof;

(b)

for prescribing the persons before whom and the manner in which a recognizance shall be entered into, or other security given, where bail is granted to a person under paragraph 3 or 4 pending an appeal under section 41 from a decision of the High Court or Court of Appeal, and the manner in which any such recognizance or security may be enforced;

(c)

for authorising the recommittal of any person to whom bail is granted.

(2)

A defendant who is detained pending an appeal under section 41 shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto except where F1Supreme Court Rules or rules of court authorise him to be present or where F2the Supreme Court or the court below, as the case may be, gives him leave to be present.

Annotations

Textual amendments

F1

Words in Sch. 1 para. 6 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 30(8)(c)(i); S.I. 2009/1604, art. 2(d)

F2

Words in Sch. 1 para. 6 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 30(8)(c)(ii); S.I. 2009/1604, art. 2(d)

Notes on Schedule 1

Textual amendments

F1

Words in Sch. 1 heading substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40(4), 148(1), Sch. 9 para. 30(8)(a); S. I. 2009/1604, art. 2(d)