Section 112: Detention pending conclusion of appeal under section 110
321.This section sets out the arrangements for the detention of a person when the Secretary of State is informed that the category 2 territory intends to appeal against the decision of the Secretary of State to order the person’s discharge.
322.Subsection (1) states that this section applies if, immediately after the Secretary of State orders the person’s discharge, he is informed that the requesting authority intends to appeal under the provisions of section 110 above. The judge must remand the person in custody or on bail while the appeal is pending, but he may later grant bail if the person is remanded in custody (subsections (2) and (3)). The appeal ceases to be pending, under subsection (4), when the earliest of any of these applies:
the proceedings on the appeal are discontinued;
the High Court dismisses the appeal and the court is not immediately informed that the authority intends to apply for leave to appeal to the House of Lords (except for Scotland);
the High Court dismisses the appeal (Scotland only – see subsection (5));
leave to appeal to the House of Lords has been granted but no appeal is brought by the authority within 28 days (except for Scotland);
there are no further avenues of appeal available to the authority.
