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Secondly, the new clause responds to a recent Supreme Court ruling to the effect that the current drafting of the 2003 Act should be read as requiring a guaranteed retrial in the requesting state. The 2003 Act had previously been interpreted as a right to apply for a retrial, subject to the domestic laws of the requesting state. Several states cannot offer assurances to meet the conditions imposed by the judgment, and there is therefore a public safety risk of individuals being discharged if the new interpretation of the 2003 Act is left to stand. New clause 82 therefore reinstates the previous interpretation, which is that only the right to apply for a retrial is required to permit extradition in a case where the person was absent from the trial.