Clause 11 - Procedure where court makes order
International Criminal Court Bill [Lords]
10:30 am
Mr Edward Garnier (Harborough, Conservative)
On occasion, defendants who appear before the English courts are found to be mute of malice—they probably can speak the language and understand what is going on, but they refuse to co-operate with the normal workings of the court. In such cases, it is within the court's power to make a declaration that a person is mute of malice. If a person refuses to co-operate with the court, the court can, of its own motion, take steps to deal with that. Will the Solicitor-General clarify whether, the policy behind the use of the expression:
``which appears to the court to be one which he fully understands and speaks''
was to cope with such occurrences? Unfortunately, in his natural desire and haste to get on to other parts of the Bill, the Solicitor-General did not deal with that aspect of the concerns expressed by my hon. Friend the Member for Chesham and Amersham—[Interruption.] If the hon. and learned Gentleman wishes to address the Committee, he should do so on his feet. [Interruption.] That might be help from afar. Nonetheless, it would have been helpful if the Solicitor-General had dealt with that point. He says, from a sedentary position, that he has already dealt with it, but I would be grateful for clarification.