Basic HTML Version
1045
Kanunları ve Tercümeleri
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 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—
(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—
(a) the High Court dismisses an appeal under section 28 against a decisionmade 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.
(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 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 war-
rant was issued;
(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.
(9) A question is the relevant question if the judge’s decision on it resulted in the order for the
person’s discharge.