§ 56 Clause 12, page 12, line 1 1, leave out from 'person' to 'the' in line 21 and insert 'committed under section 6 above is still in the United Kingdom after the expiration of the relevant period, he may apply to the High Court or the High Court of Justiciary for his discharge.
§ (1A) Unless he has instituted proceedings for judicial review of the Secretary of State's decision to order his return, the relevant period is—
- (a) the period of two months beginning with the first day on which, having regard to section 8(2) above, he could have been returned;
- (b) where a warrant for his return has been issued under section 9 above, the period of one month beginning with the day on which that warrant was issued.
§ (1B) If he has instituted such proceedings, the relevant period is the period expiring one month after they end.
§ (1C) Proceedings for judicial review end for the purposes of this section—
- (a) if they are discontinued, on the date of discontinuance; and
- (b) if they are determined, on the date on which (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal.
§ (1D) If upon an application under this section'.
Earl FerrersMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 56. This is a technical amendment made necessary by the changes made to Clause 9 in this House. Clause 9 now incorporates a statutory period in which the fugitive may seek judicial review. The provisions in Clause 12 which enable a fugitive to be discharged if his surrender is delayed must be amended to take account of this. I commend the amendment to the House.
§ Moved, That the House do agree with the Commons in their Amendment No. 56,—(Earl Ferrers.)
§ On Question, Motion agreed to.