Territorial Application: Wales Part 2 .Extradition to Category 2 Territories Section 109: Court’s powers on appeal under section 108
313.This section sets out the powers available to the High Court on an appeal by a person against the extradition order.
314.The High Court may allow or dismiss the appeal (subsection (1)). The court may only allow the appeal if the conditions in subsections (3) or the conditions in subsection (4) are met. The conditions in subsection (3) are that the Secretary of State should have decided a question before him differently and, if he had done so, would not have ordered the person’s extradition. The conditions in subsection (4) are that:
	an issue or information is raised or available that was not raised or available to the Secretary of State at the time;
	the issue or information would have resulted in the Secretary of State deciding a question differently; and
	this would have resulted in a decision not to order the person’s extradition.
315.The person must be discharged and the extradition order quashed if the court allows the appeal (subsection (5)).