Section 27: Court’s powers on appeal under section 26
77.This section sets out the powers available to the High Court following an appeal against the extradition order.
78.The High Court may allow the appeal (subsection (1)) only if the conditions in subsection (3) or those in subsection (4) are met (subsection (2)). The conditions in subsection (3) are that the judge ought to have decided a question before him at the extradition hearing differently and, if he had done so, he would have been required to order the person's discharge.
79.The conditions in subsection (4) are that:
an issue is raised or evidence is available that was not raised or available at the extradition hearing;
the issue or evidence would have resulted in the judge making a different decision at the hearing; and
this would have resulted in the judge ordering the person's discharge.
80.The High Court must order the person's discharge and quash the order for his extradition if it allows the appeal (subsection (5)).
