Page:Administration of Justice Act 1960 (UKPGA Eliz2-8-9-65 qp).pdf/5

Rh the defendant shall not be liable to be again detained as the result of the decision of the House of Lords on the appeal.

6.—(1) Where a person subject to a sentence is admitted to bail pending an appeal under section one of this Act, the time during which he is at large after being so admitted shall be disregarded in computing the term of his sentence.

(2) In relation to a person sentenced to borstal training, the reference in subsection (1) of this section to the term of his sentence shall be construed as a reference to the period during which, under section forty-five of the Prison Act, 1952, he may be detained in a borstal institution; and nothing in that subsection shall be construed as affecting the period during which a person so sentenced is liable to supervision under the said section forty-five.

(3) Subject to the foregoing provisions of this section, any sentence passed on an appeal under section one of this Act in substitution for another sentence shall, unless the House of Lords or the court below otherwise directs, begin to run from the time when that other sentence would have begun to run.

7.—(1) Where the operation of an order for the restitution of property made on conviction on indictment is suspended until the determination of an appeal to the Court of Criminal Appeal, then, if the conviction is not quashed on that appeal, the operation of the order shall continue to be suspended—
 * (a) in any case, until the expiration of the time within which an application for leave to appeal may be made (disregarding any extension of time which may be granted under section two of this Act); and
 * (b) if any such application is made within that time, so long as the appeal under section one of this Act is pending.

(2) Where the operation of any such order as aforesaid is suspended under this section—
 * (a) the order shall not take effect if the conviction is quashed on appeal to the House of Lords;
 * (b) such steps shall be taken for the safe custody of the property in question during the period during which the operation of the order is suspended as may be prescribed by rules under section eighteen of the Criminal Appeal Act, 1907.

(3) Where by reason of the quashing by the Court of Criminal Appeal of a person’s conviction any such order does not take effect and on an appeal under this Act the conviction is restored by the House of Lords, that House may make any order for the restitution of property which could be made on his conviction by the court which convicted him. 4