I3Part 2Extradition to category 2 territories

Annotations:
Commencement Information
I3

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))

I2Appeals

Annotations:
Commencement Information
I2

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))

111I1Court’s powers on appeal under section 110

1

On an appeal under section 110 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 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 have ordered the person’s extradition.

5

If the court allows the appeal it must—

a

quash the order discharging the person;

b

order the person’s extradition.

F16

If the court allows the appeal it must remand the person in custody or on bail.

7

If the court remands the person in custody it may later grant bail.F1