120Determination of appeal against decision not to make emergency detention order

120 Determination of appeal against decision not to make emergency detention order (1) On an appeal under section 116(f), the Court of Appeal must allow the appeal if the appellant satisfies the court that— (a) there is an error in the decision not to make an emergency detention order; and (b) an emergency detention order should have been made. (2) In any other case, the Court of Appeal must dismiss an appeal under section 116(f). (3) If the Court of Appeal allows an appeal under section 116(f), it may— (a) make an emergency detention order and any other order it considers appropriate in respect of the offender even if the offender has ceased to be an eligible offender because the relevant supervision order or interim supervision order has expired; or (b) remit the matter to the Supreme Court under section 121(1)(l).