Extradition Act 2003
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Change 1
109 Court’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.
109 Court’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.
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