Part 1Extradition to category 1 territories

Appeals

28Appeal against discharge at extradition hearing

(1)

If the judge orders a person’s discharge at the extradition hearing the authority which issued the Part 1 warrant may appeal to the High Court against the relevant decision.

(2)

But subsection (1) does not apply if the order for the person’s discharge was under section 41.

(3)

The relevant decision is the decision which resulted in the order for the person’s discharge.

(4)

An appeal under this F1section—

(a)

may be brought on a question of law or factF2, but

(b)

lies only with the leave of the High Court.

(5)

F3Notice of application for leave to appeal under this section must be given in accordance with rules of court before the end of the permitted period, which is 7 days starting with the day on which the order for the person’s discharge is made.