109Court’s powers on appeal under section 108U.K.
(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.
Modifications etc. (not altering text)
C1S. 109(2)-(4) excluded (E.W.N.I.) (14.10.2013) by The Extradition Appeals (England and Wales and Northern Ireland) Order 2013 (S.I. 2013/2384), arts. 1(b), 3(2) (with art. 4)
C2S. 109(2)-(4) excluded (S.) (13.3.2024) by The Extradition Appeals (Scotland) Order 2024 (S.I. 2024/172), arts. 1(2), 3(2) (with art. 4)
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))