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1098
Uluslararası Adli İşbirliği
(8) If the court makes a direction under subsection (1)(b) and the judge does not decide the
relevant question differently the appeal must be taken to have been dismissed by a decision of
the High Court.
107- Detention pending conclusion of appeal under section 105
(1) This section applies if immediately after the judge orders the person’s discharge the judge
is informed on behalf of the category 2 territory of an intention to appeal under section 105.
(2) The judge must remand the person in custody or on bail while the appeal is pending.
(3) If the judge remands the person in custody he may later grant bail.
(4) An appeal under section 105 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 court is not immediately informed
on behalf of the category 2 territory of an intention 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;
(d) when there is no further step that can be taken on behalf of the category 2 territory
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—
(a) in subsection (4)(b) omit the words from“if” to the end;
(b) omit subsection (4)(c).
108- Appeal against extradition order
(1) If the Secretary of State orders a person’s extradition under this Part, the person may appe-
al to the High Court against the order.
(2) But subsection (1) does not apply if the person has consented to his extradition under
section 127.
(3) An appeal under this section may be brought on a question of law or fact.