Section 115: Powers of House of Lords on appeal under section 114
330.This section sets out the powers available to the House of Lords on an appeal by the person who is the subject of the extradition request or by the requesting state.
331.Subsection (1) provides that the House of Lords may allow or dismiss an appeal. Subsections (2) and (3) provide that if the House of Lords allows an appeal by the person who is subject to the extradition order, it must order his discharge and quash the extradition order.
332.Subsections (4) and (5) apply if the House of Lords allows an appeal by the requesting state against a decision of the High Court to discharge a person or not to quash an order by the Secretary of State for his discharge. The House of Lords is required to quash the order discharging the person and order his extradition.
333.Subsections (6) and (7) apply where the requesting state appeals to the House of Lords against a decision of the High Court to dismiss its earlier appeal against the order to discharge a person at the extradition hearing. If the House of Lords allows the appeal – i.e. it decides that the basis of the judge’s decision to order a person's discharge was wrong – it must quash the order discharging the person, remit the case back to the judge and require him to proceed as if his original decision had been different.
