107Detention pending conclusion of appeal under section 105U.K.
(1)This section applies if immediately after the judge orders the person’s discharge the judge is informed on behalf of the category 2 territory of an intention to appeal under section 105.
(2)The judge must remand the person in custody or on bail while the appeal is pending.
(3)[F1If the person is remanded in custody, the appropriate judge may] later grant bail.
(4)An appeal under section 105 ceases to be pending at the earliest of these times—
(a)when the proceedings on the appeal are discontinued;
[F2(b)when the High Court—
(i)allows the appeal,
(ii)makes a direction under section 106(1)(b), or
(iii)dismisses the appeal,
unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the [F3 Supreme Court ]; ]
(c)at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the [F3Supreme Court] against the decision of the High Court on the appeal is granted [F4, if no appeal to the [F3Supreme Court] is brought before the end of that period];
(d)when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time).
[F5(5)The preceding provisions of this section do not apply to Scotland.]
Textual Amendments
F1Words in s. 107(3) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 16; S.I. 2006/3364, art. 2(d)(e)
F2S. 107(4)(b) substituted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(8)(a); S.I. 2006/3364, art. 2(d)(e)
F3Words in s. 107 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(g); S.I. 2009/1604, art. 2(d)
F4Words in s. 107(4)(c) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(8)(b); S.I. 2006/3364, art. 2(d)(e)
F5S. 107(5) substituted (29.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 20 para. 23(1) (with Sch. 20 para. 29); S.I. 2013/1682, art. 2(1)(b) (with art. 4(5))
Commencement Information
I1Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))