27Court’s powers on appeal under section 26U.K.
(1)On an appeal under section 26 the High Court may—
(a)allow the appeal;
(b)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 appropriate 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 appropriate 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.
Commencement Information
I1Act 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))