Page 1052 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1040
Uluslararası Adli İşbirliği
(4) Notice of an appeal under this section must be given in accordance with rules of court
before the end of the permitted period, which is 7 days starting with the day on which the order
is made.
27- Court’s powers on appeal under section 26
(1) On an appeal under section 26 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 appropriate judge ought to have decided a question before him at the extradi-
tion hearing differently;
(b) if he had decided the question in the way he ought to have done, he would 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 avai-
lable that was not available at the extradition hearing;
(b) the issue or evidence would have resulted in the appropriate judge deciding a qu-
estion before him at the extradition hearing differently;
(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.
28 Appeal against discharge at extradition hearing
(1) If the judge orders a person’s discharge at the extradition hearing the authority which issu-
ed 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 under section
41.