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1100
Uluslararası Adli İşbirliği
(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 14 days starting with the day on which (under
section 100(4)) the Secretary of State informs a person acting on behalf of the category 2 territory
of the order.
111- Court’s powers on appeal under section 110
(1) On an appeal under section 110 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 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 State deciding a
question before him differently;
(c) if he had decided the question in that way, he would have ordered the person’s
extradition.
(5) If the court allows the appeal it must—
(a) quash the order discharging the person;
(b) order the person’s extradition.
112- Detention pending conclusion of appeal under section 110
(1) This section applies if immediately after the Secretary of State orders the person’s dischar-