If the judge is required to proceed under this section (by virtue of section 84, 85 or 86) he must decide whether the person's extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998 (c. 42).
If the judge decides the question in subsection (1) in the negative he must order the person's discharge.
If the judge decides that question in the affirmative he must send the case to the Secretary of State for his decision whether the person is to be extradited.