Fraud (Trials without a Jury) Bill

Over a long time, we have had a series of reports in relation to the criminal justice system, by serious and eminent lawyers, that have identified serious and complex fraud cases as a particular problem in relation to the way in which evidence needs to be presented orally to a jury. That has produced a series of problems of manageability in those kinds of cases. The issue is the combination of the complex nature of fraud, quite complex areas of law, and quite lengthy documentation—thousands of pages of documents. That means that there can be substantial legal arguments, which means that the jury will be out. We all know the problems that have arisen in serious and complex fraud cases and we all know that they have not arisen in the same way in many other cases. The Government see such cases as a unique issue, which has a long history that other areas of law do not have. We can say with absolutely firmness that there is no wedge. I cannot put it more clearly than that. I have to make some progress and deal with new clause 4. I think that the hon. Member for North Southwark and Bermondsey is going to have some problems with new clause 4. It would make another change to the condition in section 43(5) of the Criminal Justice Act. The present subsection states that the judge has to be satisfied that the trial is likely to be so burdensome to a jury that"““the interests of justice require that serious consideration””" be given to conducting it without a jury. At first sight, one might be tempted to ask whether it would not be logical to say, as the new clause does,"““so burdensome.. that the interests of justice required that the trial should be conducted without a jury.””" The purpose of the condition, however, is not to state the consequence of a finding that the trial is likely to impose a heavy burden, but merely to define the degree of burdensomeness that must be present before use of the power is considered. If the judge finds that a trial is likely to be burdensome to the required degree, it does not follow that he must make an order under section 43 of the Criminal Justice Act 2003. There may be other considerations that prompt him not to do so. Let me give an example: under section 43(5), defendants are entitled to make representations, and those representations need not be confined to the likely length or complexity of the trial, or the burden it would impose on the jury. A judge might be satisfied that the trial would be burdensome, but might nevertheless find the defendant’s representations so persuasive that he decides against making a section 43 order. That is not a problem under the current subsection (5), but the formula in new clause 4, tabled by the hon. Member for North Southwark and Bermondsey, unhelpfully suggests that in such circumstances the interests of justice would require a juryless trial to be ordered. The new clause that he proposes would therefore pose a serious problem, as it would prejudice the rights of defendants and would invalidate their representations. The other reason why new clause 4 would not be appropriate is that the ultimate decision on whether a juryless trial should be held does not rest solely with the judge hearing the application. The approval of the Lord Chief Justice is also required, under subsection (4). The ““serious consideration”” referred to in section 43(5) relates not only to the trial judge’s consideration in light of representations from both parties—defence and prosecution—but to consideration by a more senior judge of whether a juryless trial is desirable and practicable in all the circumstances. On that basis, I think that the hon. Gentleman is entirely wrong on both new clauses, and I invite hon. Members to reject them.