I3Part 1Extradition to category 1 territories
I2Appeals
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))
29I1Court’s powers on appeal under section 28
1
On an appeal under section 28 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 judge ought to have decided the relevant question differently;
b
if he had decided the question in the way he ought to have done, he would not 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 judge deciding the relevant question differently;
c
if he had decided the question in that way, he would not have been required to order the person’s discharge.
5
If the court allows the appeal it must—
a
quash the order discharging the person;
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.
6
A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.
F17
If the court allows the appeal it must remand the person in custody or on bail.
8
If the court remands the person in custody it may later grant bail.F1
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))