# The Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006, Article 38: Detention of offender on appeal by the specified prosecutor


(1) This article applies where, immediately after the decision of the Court of Appeal from which an appeal lies to the House of Lords, the specified prosecutor is granted, or gives notice in writing that he intends to apply, for leave to appeal.
(2) If, but for the decision of the Court of Appeal, the offender would be liable to be detained, the Court of Appeal may make an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by that Court under article 37), so long as an appeal to the House of Lords is pending.
(3) An order under this article shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the offender would have been liable to be detained but for the decision of the Court of Appeal.
(4) Where the Court of Appeal have power to make an order under this article, and either no such order is made or the offender is released, by virtue of paragraph (3), before the appeal is disposed of, the offender shall not be liable to be again detained as a result of the decision of the House of Lords on the appeal.

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Source: https://www.legislation.gov.uk/uksi/2006/2135/article/38 (the official version)
Page: https://openlegislation.uk/serious-organised-crime-and-police-act-2005-appeals-under-section-74-order-2006/article-38
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.