Part 1

Extradition to category 1 territories

Appeals

Powers of Supreme Court on appeal under section 32
33
1
On an appeal under section 32 the Supreme Court may—
a
allow the appeal;
b
dismiss the appeal.
2
Subsection (3) applies if—
a
the person in respect of whom the Part 1 warrant was issued brings an appeal under section 32, and
b
the Supreme Court allows the appeal.
3
The Supreme Court must—
a
order the person’s discharge;
b
quash the order for his extradition, if the appeal was against a decision of the High Court to dismiss an appeal under section 26.
4
Subsection (5) applies if—
a
the High Court allows an appeal under section 26 by the person in respect of whom the Part 1 warrant was issued,
b
the authority which issued the warrant brings an appeal under section 32 against the decision of the High Court, and
c
the Supreme Court allows the appeal.
5
The Supreme Court must—
a
quash the order of the High Court under section 27(5) discharging the person;
b
order the person to be extradited to the category 1 territory in which the warrant was issued.
6
Subsections (7) and (8) apply if—
a
the High Court dismisses an appeal under section 28 against a decision made by the judge at the extradition hearing,
b
the authority which issued the Part 1 warrant brings an appeal under section 32 against the decision of the High Court, and
c
the Supreme Court allows the appeal.
7
If the judge would have been required to order the person in respect of whom the warrant was issued to be extradited had he decided the relevant question differently, the Supreme Court must—
a
quash the order of the judge discharging the person;
b
order the person to be extradited to the category 1 territory in which the warrant was issued.
8
In any other case, the Supreme Court must—
a
quash the order of the judge discharging the person in respect of whom the warrant was issued;
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.
9
A question is the relevant question if the judge’s decision on it resulted in the order for the person’s discharge.
10
In a case where—
a
subsection (5) applies, or
b
subsections (7) and (8) apply,
the
Supreme Court
must remand, in custody or on bail, the person in respect of whom the warrant was issued.
11
If the
Supreme Court
remands the person in custody the High Court 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))
Words in s. 33 sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(b); S.I. 2009/1604, art. 2(d)
Words in s. 33 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 81(4)(b); S.I. 2009/1604, art. 2(d)
S. 33(10)(11) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(4); 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))