I mentioned that this recommendation came out of the consultations that occurred. The two retired judges who were responsible for conducting the consultations consulted with around 200 individuals and organizations. This is something that came out of those consultations. There was quite a bit of support and not too much opposition to it.
You asked the question about how it would apply before a court of appeal. A notice would have to be provided and an application put forward. There tends to be quite an extensive inquiry into whether someone could or should be released.
I can also specify that it's the applicant who has to establish that the miscarriage of justice application is not frivolous. They would have to satisfy the court of appeal that they would surrender into custody when required and that the detention is not necessarily in the public interest. It's an applicant's onus—