Mr Edward Garnier (Harborough, Conservative)

I have only a few brief questions on clause 8. Subsection (1) states:

``If a competent court refuses to make a delivery order, it shall—

(a) make an order remanding the person arrested''.

Will the Solicitor-General confirm that remand can mean remand in custody and remand on bail? Will the usual domestic rules for the granting or otherwise of bail apply? Is it anticipated that special rules, which are different from the usual criminal bail rules, will apply? The Solicitor-General is being handed a piece of paper—

Professor Ross Cranston (Solicitor General, Law Officers' Department; Dudley North, Labour)

I do not need it.

Mr Edward Garnier (Harborough, Conservative)

I know that the hon. and learned Gentleman does not need any help.

Clause 8(2) states:

``If the court is informed without delay that an appeal is to be brought under section 9 or 10, the order remanding the person arrested shall continue to have effect''.

Could both the Crown—acting for the ICC—and the defendant appeal if they were dissatisfied, or is an appeal open only to the defendant?

Professor Ross Cranston (Solicitor General, Law Officers' Department; Dudley North, Labour)

I can give the assurance that the hon. and learned Gentleman seeks on the first point. Clause 16 provides for remand to include remand on bail. The ordinary bail rules would apply. That is also true of appeal—the hon. and learned Gentleman's third point.

Mr Edward Garnier (Harborough, Conservative)

Subsection (2) contains the phrase:

``If the court is informed without delay that an appeal is to be brought under section 9 or 10''.

Clause 9 deals with appeals against refusal of a delivery order in England and Wales and clause 10 deals with such appeals in Scotland, although I will not worry about that because it is way beyond my ken—whoever he is. However, I want to be clear that there is a two-sided appeals system in clause 9. Or is it only one-sided? I might have wholly misunderstood the thrust of clause 8, in which case the Solicitor-General can correct me.

Professor Ross Cranston (Solicitor General, Law Officers' Department; Dudley North, Labour)

In this case, the piece of paper did help me. The Secretary of State can appeal if there is no order, and the accused can appeal if there is. I hope that that gives the hon. and learned Gentleman the assurance that he seeks.

Question put and agreed to.

Clause 8 ordered to stand part of the Bill.

Clauses 9 and 10 ordered to stand part of the Bill.

Further consideration adjourned.—[Mr. McNulty.]

Adjourned accordingly at two minutes to Five o'clock till Tuesday 1 May at half-past Ten o'clock.