Part 1

Extradition to category 1 territories

Appeals

Court’s powers on appeal under section 28
29
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.
7
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.
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))
S. 29(7)(8) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(1); S.I. 2006/3364, art. 2(d)(e)
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))
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))