Part 2Extradition to category 2 territories
Appeals
109Court’s powers on appeal under section 108
1
On an appeal under section 108 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 Secretary of State ought to have decided a question before him differently;
b
if he had decided the question in the way he ought to have done, he would not have ordered the person’s extradition.
4
The conditions are that—
a
an issue is raised that was not raised when the case was being considered by the Secretary of State or information is available that was not available at that time;
b
the issue or information would have resulted in the Secretary of State deciding a question before him differently;
c
if he had decided the question in that way, he would not have ordered the person’s extradition.
5
If the court allows the appeal it must—
a
order the person’s discharge;
b
quash the order for his extradition.