Commentary on Sections Part 2: Arrest and Delivery of Persons Sections 9 and 10: Appeal against refusal of delivery order
29.Section 9 provides that, where the competent court in England and Wales refuses to make a delivery order, the Secretary of State may appeal against the refusal, on grounds of fact or law, to the High Court and then, with permission, to the House of Lords. If either the High Court or the House of Lords grants the appeal, it can make the delivery order or send the case back to the original court to do so. The person will remain on remand until the end of the appeal process. Section 10 makes corresponding provision for Scotland.