It is. The hon. Gentleman should read subsection (3):
''If the judge decides the question in subsection (2) in the negative he must order the person's discharge.''
The questions in subsection (2) include the issue of the person's identity. If the judge decides that it is not the right person, he must order his discharge. That is how it happens now and there is no doubt about it. The judge must satisfy himself as to the identity of those brought before him. If he is not satisfied and doubts whether it is the right person, he must order his discharge.