I3Part 2Extradition to category 2 territories

Annotations:
Commencement Information
I3

Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

I2Appeals

Annotations:
Commencement Information
I2

Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

104I1Court’s powers on appeal under section 103

1

On an appeal under section 103 the High Court may—

a

allow the appeal;

b

direct the judge to decide again a question (or questions) which he decided at the extradition hearing;

c

dismiss the appeal.

2

The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

3

The conditions are that—

a

the judge ought to have decided a question before him at the extradition hearing differently;

b

if he had decided the question in the way he ought to have done, he would have been required to order the person’s discharge.

4

The conditions are that—

a

an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;

b

the issue or evidence would have resulted in the judge deciding a question before him at the extradition hearing differently;

c

if he had decided the question in that way, he would have been required to order the person’s discharge.

5

If the court allows the appeal it must—

a

order the person’s discharge;

b

quash the order for his extradition.

6

If the judge comes to a different decision on any question that is the subject of a direction under subsection (1)(b) he must order the person’s discharge.

7

If the judge comes to the same decision as he did at the extradition hearing on the question that is (or all the questions that are) the subject of a direction under subsection (1)(b) the appeal must be taken to have been dismissed by a decision of the High Court.

F18

If the court makes a direction under subsection (1)(b) it must remand the person in custody or on bail.

9

If the court remands the person in custody it may later grant bail.F1