Extradition Act 2003

115 Powers of [F1 Supreme Court]F1 on appeal under section 114 U.K.

(1) On an appeal under section 114 the [F2 Supreme Court]F2 may—

(a) allow the appeal;

(b) dismiss the appeal.

(2) Subsection (3) applies if—

(a) the person whose extradition is requested brings an appeal under section 114, and

(b) the [F2 Supreme Court]F2 allows the appeal.

(3) The [F2 Supreme Court]F2 must—

(a) order the person’s discharge;

(b) quash the order for his extradition, if the appeal was against a decision of the High Court to dismiss an appeal under section 103 or 108 or to allow an appeal under section 110.

(4) Subsection (5) applies if—

(a) the High Court allows an appeal under section 103 or 108 by the person whose extradition is requested or dismisses an appeal under section 110 by a person acting on behalf of the category 2 territory,

(b) a person acting on behalf of the category 2 territory brings an appeal under section 114 against the decision of the High Court, and

(c) the [F2 Supreme Court]F2 allows the appeal.

(5) The [F2 Supreme Court]F2 must—

(a) quash the order discharging the person made by the High Court under section 104(5) or 109(5) or by the Secretary of State under this Part;

(b) order the person to be extradited to the category 2 territory.

(6) Subsection (7) applies if—

(a) the High Court dismisses an appeal under section 105 against a decision made by the judge at the extradition hearing,

(b) a person acting on behalf of the category 2 territory brings an appeal under section 114 against the decision of the High Court, and

(c) the [F2 Supreme Court]F2 allows the appeal.

(7) The [F2 Supreme Court]F2 must—

(a) quash the order of the judge discharging the person whose extradition is requested;

(b) remit the case to the judge;

(c) direct him to proceed as he would have been required to do if he had decided the relevant question differently at the extradition hearing.

(8) A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.

[F3 (9) In a case where subsection (5) or (7) applies, the [F2 Supreme Court]F2 must remand, in custody or on bail, the person whose extradition is requested.

(10) If the [F2 Supreme Court]F2 remands the person in custody the High Court may later grant bail.]F3

Textual Amendments

F1 Words in s. 115 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(i); S.I. 2009/1604, art. 2(d)

F2 Words in s. 115 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(i); S.I. 2009/1604, art. 2(d)

F3 S. 115(9)(10) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(12); S.I. 2006/3364, art. 2(d)(e)

Commencement Information

I1 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))