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(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 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;
(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;
(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 avai-
lable that was not available at the extradition hearing;
(b) the issue or evidence would have resulted in the judge deciding the relevant ques-
tion 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—
(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 order for the
person’s discharge.