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(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 14 days starting with the day on which the Sec-
retary of State informs the person of the order under section 100(1).
109 - Court’s powers on appeal under section 108
(1) On an appeal under section 108 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 Secretary of State ought to have decided a question before him differently;
(b) if he had decided the question in the way he ought to have done, he would not
have ordered the person’s extradition.
(4) The conditions are that—
(a) an issue is raised that was not raised when the case was being considered by the
Secretary of State or information is available that was not available at that time;
(b) the issue or information would have resulted in the Secretary of Statedeciding a
question before him differently;
(c) if he had decided the question in that way, he would not have ordered the person’s
extradition.
(5) If the court allows the appeal it must—
(a) order the person’s discharge;
(b) quash the order for his extradition.
110 - Appeal against discharge by Secretary of State
(1) If the Secretary of State makes an order for a person’s discharge under this Part, an appeal
to the High Court may be brought on behalf of the category 2 territory against the relevant de-
cision.
(2) But subsection (1) does not apply if the order for the person’s discharge was under section
123.