Criminal Justice Act 1988

12 (1) Section 8 (application for habeas corpus etc.) shall be amended as follows.

(2) The words “to custody” shall be omitted from subsections (1) and (2).

(3) The following words shall be substituted for the words in subsection (3) from the beginning to “the court”, in the second place where those words occur—

“(3) Without prejudice to any jurisdiction of the High Court or High Court of Justiciary apart from this section, the court shall order the applicant’s discharge if it appears to the court, in relation to the offence, or each of the offences, in respect of which the applicant’s return is sought,”.

(4) In subsection (5), for the words from “until” to the end there shall be substituted the words “(unless they are discontinued) until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal”.

(5) The following subsections shall be inserted after that subsection—

“(6) A person may give notice that he waives the rights conferred on him by subsection (2) above.

(7) A notice under this section shall be given in England and Wales in the manner prescribed by rules under section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980 and, without prejudice to the generality of subsection (1) of that section, the power to make such rules shall include power to make provision for a magistrate to order the committal for return of a person with his consent at any time after his arrest.

(8) In Scotland, a person may give notice in the manner prescribed by the High Court of Justiciary by Act of Adjournal that he waives the rights conferred on him by subsection (2) above and the sheriff may order the committal for return of a person with his consent at any time after his arrest.

(9) In any case where an order is made under this section, this Act shall cease to apply to the person in respect of whom it is made, except that if within one month after the order is made he is not surrendered to the country to which he is to be returned, the High Court or, in Scotland, the High Court of Justiciary, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged.”.