Section 27: Court's powers on appeal under section 26

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

Part 1: Extradition to category 1 territories

On an appeal under section 26 the High Court may—

allow the appeal;
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 appropriate 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 appropriate 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.

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.