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1096
Uluslararası Adli İşbirliği
(3) The conditions are that—
(a) the judge ought to have decided a question before him at the extradition 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 judge deciding a question 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.
(6) If the judge comes to a different decision on any question that is the subject of a direction
under subsection (1)(b) he must order the person’s discharge.
(7) If the judge comes to the same decision as he did at the extradition hearing on the qu-
estion that is (or all the questions that are) the subject of a direction under subsection (1)(b) the
appeal must be taken to have been dismissed by a decision of the High Court.
105- Appeal against discharge at extradition hearing
(1) If at the extradition hearing the judge orders a person’s discharge, an appeal to the High
Court may be brought on behalf of the category 2 territory against the relevant decision.
(2) But subsection (1) does not apply if the order for the person’s discharge was under section
122.
(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