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(c) if he had decided the question in that way, he would have been | |
required to order the person’s discharge. | |
(5) If the court allows the appeal it must— | |
(a) order the person’s discharge; | |
(b) quash the order for his extradition. | 5 |
28 Appeal against discharge at extradition hearing | |
(1) If the judge orders a person’s discharge at the extradition hearing the authority | |
which issued the Part 1 warrant may appeal to the High Court against the | |
relevant decision. | |
(2) But subsection (1) does not apply if the order for the person’s discharge was | 10 |
under section 40. | |
(3) The relevant decision is the decision which resulted in the order for the | |
person’s discharge. | |
(4) An appeal under this section may be brought on a question of law or fact. | |
(5) Notice of an appeal under this section must be given in accordance with rules | 15 |
of court before the end of the permitted period, which is 7 days starting with | |
the day on which the order for the person’s discharge is made. | |
29 Court’s powers on appeal under section 28 | |
(1) On an appeal under section 28 the High Court may— | |
(a) allow the appeal; | 20 |
(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 judge ought to have decided the relevant question differently; | 25 |
(b) if he had decided the question in the way he ought to have done, he | |
would not have been required to order the person’s discharge. | |
(4) The conditions are that— | |
(a) an issue is raised that was not raised at the extradition hearing or | |
evidence is available that was not available at the extradition hearing; | 30 |
(b) the issue or evidence would have resulted in the judge deciding the | |
relevant question differently; | |
(c) if he had decided the question in that way, he would not have been | |
required to order the person’s discharge. | |
(5) If the court allows the appeal it must— | 35 |
(a) quash the order discharging the person; | |
(b) remit the case to the judge; | |
(c) direct him to proceed as he would have been required to do if he had | |
decided the relevant question differently at the extradition hearing. | |
(6) A question is the relevant question if the judge’s decision on it resulted in the | 40 |
order for the person’s discharge. | |
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30 Detention pending conclusion of appeal under section 28 | |
(1) This section applies if immediately after the judge orders the person’s | |
discharge the judge is informed by the authority which issued the Part 1 | |
warrant that it intends to appeal under section 28. | |
(2) The judge must remand the person in custody or on bail while the appeal is | 5 |
pending. | |
(3) If the judge remands the person in custody he may later grant bail. | |
(4) An appeal under section 28 ceases to be pending at the earliest of these times— | |
(a) when the proceedings on the appeal are discontinued; | |
(b) when the High Court dismisses the appeal, if the authority does not | 10 |
immediately inform the court that it intends to apply for leave to appeal | |
to the House of Lords; | |
(c) at the end of the permitted period, which is 28 days starting with the | |
day on which leave to appeal to the House of Lords against the decision | |
of the High Court on the appeal is granted; | 15 |
(d) when there is no further step that can be taken by the authority which | |
issued the Part 1 warrant in relation to the appeal (ignoring any power | |
of a court to grant leave to take a step out of time). | |
(5) The preceding provisions of this section apply to Scotland with these | |
modifications— | 20 |
(a) in subsection (4)(b) omit the words from “if” to the end; | |
(b) omit subsection (4)(c). | |
31 Appeal to High Court: time limit for start of hearing | |
(1) Rules of court must prescribe the period within which the High Court must | |
begin to hear an appeal under section 26 or 28. | 25 |
(2) Rules of court must provide for the period to start with the date on which the | |
person in respect of whom a Part 1 warrant is issued— | |
(a) was arrested under section 5, if he was arrested under that section; | |
(b) was arrested under the Part 1 warrant, if he was not arrested under | |
section 5. | 30 |
(3) The High Court must begin to hear the appeal before the end of the period. | |
(4) If subsection (3) is not complied with and the appeal is under section 26— | |
(a) the appeal must be taken to have been allowed by a decision of the | |
High Court; | |
(b) the person whose extradition has been ordered must be taken to have | 35 |
been discharged by the High Court; | |
(c) the order for the person’s extradition must be taken to have been | |
quashed by the High Court. | |
(5) If subsection (3) is not complied with and the appeal is under section 28 the | |
appeal must be taken to have been dismissed by a decision of the High Court. | 40 |
32 Appeal to House of Lords | |
(1) An appeal lies to the House of Lords from a decision of the High Court on an | |
appeal under section 26 or 28. | |
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(2) An appeal under this section lies at the instance of— | |
(a) the person in respect of whom the Part 1 warrant was issued; | |
(b) the authority which issued the Part 1 warrant. | |
(3) An appeal under this section lies only with the leave of the High Court or the | |
House of Lords. | 5 |
(4) Leave to appeal under this section must not be granted unless— | |
(a) the High Court has certified that there is a point of law of general public | |
importance involved in the decision, and | |
(b) it appears to the court granting leave that the point is one which ought | |
to be considered by the House of Lords. | 10 |
(5) An application to the High Court for leave to appeal under this section must be | |
made before the end of the permitted period, which is 14 days starting with the | |
day on which the court makes its decision on the appeal to it. | |
(6) An application to the House of Lords for leave to appeal under this section | |
must be made before the end of the permitted period, which is 14 days starting | 15 |
with the day on which the High Court refuses leave to appeal. | |
(7) If leave to appeal under this section is granted, the appeal must be brought | |
before the end of the permitted period, which is 28 days starting with the day | |
on which leave is granted. | |
(8) If subsection (7) is not complied with— | 20 |
(a) the appeal must be taken to have been brought; | |
(b) the appeal must be taken to have been dismissed by the House of Lords | |
immediately after the end of the period permitted under that | |
subsection. | |
(9) These must be ignored for the purposes of subsection (8)(b)— | 25 |
(a) any power of a court to extend the period permitted for bringing the | |
appeal; | |
(b) any power of a court to grant leave to take a step out of time. | |
(10) The High Court may grant bail to a person appealing under this section or | |
applying for leave to appeal under this section. | 30 |
(11) Section 5 of the Appellate Jurisdiction Act 1876 (c. 59) (composition of House | |
of Lords for hearing and determination of appeals) applies in relation to an | |
appeal under this section or an application for leave to appeal under this | |
section as it applies in relation to an appeal under that Act. | |
(12) An order of the House of Lords which provides for an application for leave to | 35 |
appeal under this section to be determined by a committee constituted in | |
accordance with section 5 of the Appellate Jurisdiction Act 1876 may direct that | |
the decision of the committee is taken on behalf of the House. | |
(13) The preceding provisions of this section do not apply to Scotland. | |
33 Powers of House of Lords on appeal under section 32 | 40 |
(1) On an appeal under section 32 the House of Lords may— | |
(a) allow the appeal; | |
(b) dismiss the appeal. | |
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(2) Subsection (3) applies if— | |
(a) the person in respect of whom the Part 1 warrant was issued brings an | |
appeal under section 32, and | |
(b) the House of Lords allows the appeal. | |
(3) The House of Lords must— | 5 |
(a) order the person’s discharge; | |
(b) quash the order for his extradition, if the appeal was against a decision | |
of the High Court to dismiss an appeal under section 26. | |
(4) Subsection (5) applies if— | |
(a) the High Court allows an appeal under section 26 by the person in | 10 |
respect of whom the Part 1 warrant was issued, | |
(b) the authority which issued the warrant brings an appeal under section | |
32 against the decision of the High Court, and | |
(c) the House of Lords allows the appeal. | |
(5) The House of Lords must— | 15 |
(a) quash the order of the High Court under section 27(5) discharging the | |
person; | |
(b) order the person to be extradited to the category 1 territory in which the | |
warrant was issued. | |
(6) Subsections (7) and (8) apply if— | 20 |
(a) the High Court dismisses an appeal under section 28 against a decision | |
made by the judge at the extradition hearing, | |
(b) the authority which issued the Part 1 warrant brings an appeal under | |
section 32 against the decision of the High Court, and | |
(c) the House of Lords allows the appeal. | 25 |
(7) If the judge would have been required to order the person in respect of whom | |
the warrant was issued to be extradited had he decided the relevant question | |
differently, the House of Lords must— | |
(a) quash the order of the judge discharging the person; | |
(b) order the person to be extradited to the category 1 territory in which the | 30 |
warrant was issued. | |
(8) In any other case, the House of Lords must— | |
(a) quash the order of the judge discharging the person in respect of whom | |
the warrant was issued; | |
(b) remit the case to the judge; | 35 |
(c) direct him to proceed as he would have been required to do if he had | |
decided the relevant question differently at the extradition hearing. | |
(9) A question is the relevant question if the judge’s decision on it resulted in the | |
order for the person’s discharge. | |
34 Appeals: general | 40 |
A decision of the judge under this Part may be questioned in legal proceedings | |
only by means of an appeal under this Part. | |
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