Part 1

Extradition to category 1 territories

Appeals

Court’s powers on appeal under section 26
27
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.