I3Part 2Extradition to category 2 territories
I2Appeals
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
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))