Commencement Information
I1Act 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))
Commencement Information
I2Act 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))
(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.
[F1(6)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
Textual Amendments
F1S. 111(6)(7) inserted (15.1.2007) by Police and Justice Act 2006 (c. 48), ss. 42, 53, Sch. 13 para. 8(9); S.I. 2006/3364, art. 2(d)(e)
Commencement Information
I3Act 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))