Remedy
Start free

Section 104: Court's powers on appeal under section 103

Extradition Act 2003 · 2003 c. 41View on legislation.gov.uk

Part 2: Extradition to category 2 territories

On an appeal under section 103 the High Court may—

allow the appeal;
direct the judge to decide again a question (or questions) which he decided at the extradition hearing;
dismiss the appeal.

The court may allow the appeal only if the conditions in subsection (3) or the conditions in subsection (4) are satisfied.

The conditions are that—

the judge ought to have decided a question before him at the extradition hearing differently;
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.

The conditions are that—

an issue is raised that was not raised at the extradition hearing or evidence is available that was not available at the extradition hearing;
the issue or evidence would have resulted in the judge deciding a question before him at the extradition hearing differently;
if he had decided the question in that way, he would have been required to order the person's discharge.

If the court allows the appeal it must—

order the person's discharge;
quash the order for his extradition.

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.

If the judge comes to the same decision as he did at the extradition hearing on the question 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.

If the court makes a direction under subsection (1)(b) it must remand the person in custody or on bail.

If the court remands the person in custody it may later grant bail.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.