Paragraph 8 Application for habeas corpus, etc.
Where a person is committed to custody under section 7 of this Act, the court shall inform him in ordinary language of his right to make an application for habeas corpus, and shall forthwith give notice of the committal to the Governor.
A person committed to custody under the said section 7 shall not be returned under this Act—
in any case, until the expiration of the period of fifteen days beginning with the day on which the order for his committal is made;
if an application for habeas corpus is made in his case, so long as proceedings on that application are pending.
On any such application the High Court may, without prejudice to any other jurisdiction of the court, order the person committed to be discharged from custody if it appears to the court that—
by reason of the trivial nature of the offence of which he is accused or was convicted; or
by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or
because the accusation against him is not made in good faith in the interests of justice,
it would, having regard to all the circumstances, be unjust or oppressive to return him.
On any such application the High Court may receive additional evidence relevant to the exercise of their jurisdiction under section 4 of this Act or under subsection (3) of this section.
For the purposes of this section proceedings on an application for habeas corpus shall be treated as pending until any appeal in those proceedings to the Court of Appeal is disposed of; and an appeal shall be treated as disposed of at the expiration of the time within which the appeal may be brought or, where leave to appeal is required, within which the application for leave may be made, if the appeal is not brought or the application made within that time.