Section 104: Court’s powers on appeal under section 103
299.This section sets out the powers available to the High Court on an appeal under section 103.
300.The High Court may allow or dismiss the appeal or direct the judge to reconsider issues that were decided at the extradition hearing (subsection (1)). The appeal can only be allowed if the conditions in subsection (3) or (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.
301.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.
302.The court must order the person's discharge and quash the extradition order if it allows the appeal (subsection (5)). The judge must also order the person's discharge if he comes to a different decision on a question that he has been directed to decide again by the High Court (subsection (6)). If the judge comes to the same decision as he did at the extradition hearing the appeal must be taken to have been dismissed by a decision of the High Court (subsection (7)).
