Clause 6 - Supplementary provisions as to proceedings before competent court
International Criminal Court Bill [Lords]
4:30 pm
Mr Edward Garnier (Harborough, Conservative)
I have one or two very brief questions about clause 6. We all know that the competent court means the domestic court that will deal with the transmission of the defendant to the ICC. I want to ask the Government about costs.
I note that in clause 6(2) provision is made for the payment of
``defence costs on dismissal of proceedings''.
If a defendant is brought before the competent court and it dismisses the information against him, he would be entitled to recover his costs, which I assume would be obtained from the Crown Prosecution Service or the Foreign Office. I expect that it would be the CPS because it would be acting for its client—the Foreign Office or the ICC—just as the CPS acted for the Government of Spain in the Pinochet matter. In the event that the case is dismissed and the CPS is required to pay the defendant's costs, will the CPS—and I ask the question as protector of taxpayers' money—be able to recover, on an indemnity basis, what it has paid from the ICC?