Fraud (Trials without a Jury) Bill

With this it will be convenient to discuss the following: New clause 10—Duty to hear oral representations— ‘(1) Section 43 of the Criminal Justice Act 2003 (c. 44) is amended as follows. (2) After subsection (3) insert— ““(3A) In determining an application under subsection (2) the judge will grant— (a) the prosecution, (b) the defendant, or (c) any of the defendants in cases where there is more than one defendant, the opportunity to make oral representations, and will take such representations into account in deciding whether to make an order that the trial is to be conducted without a jury.””. (3) In subsection (4), at end insert ““and no approval may be given in circumstances where the defendant, or any of the defendants in cases where there is more than one defendant, have not been granted an opportunity to make oral representations under subsection (3A) and for those representations to have been taken into account.””.’. New clause 11— Safeguards— ‘(1) Section 43 of the Criminal Justice Act 2003 (c. 44) is amended as follows. (2) In subsection (3) after second ““satisfied””, insert ““, or otherwise believes that such an order would, if made, significantly disadvantage or otherwise prejudice a defendant, or any of the defendants in cases where there is more than one defendant,””. (3) In subsection (7) of the Criminal Justice Act 2003, leave out ““prosecution”” and insert ““, the defendant, or any of the defendants in cases where there is more than one defendant.””.’. New clause 13— Application by defendants for certain fraud cases to be conducted without a jury (No.2)— ‘In section 43(2) of the Criminal Justice Act 2003 (c. 44), after ““prosecution””, insert ““, the defendant, or any of the defendants in cases where there is more than one defendant,””’. New clause 14— Rights of the defendant— ‘(1) Section 43 of the Criminal Justice Act 2003 is amended as follows. (2) In subsection (3)— (a) for ““that the condition”” substitute ““any of the conditions””, and (b) after second ““satisfied”” insert ““or otherwise believes that an order if made would significantly disadvantage or otherwise prejudice the defendant (or any of the defendants in cases where there is more than one defendant).””. (3) In subsection (4) after ““him”” insert ““who, before he gives such an approval, shall consider whether the prosecution (or the defendant, or any of the defendants in cases where there is more than one defendant) should be given the opportunity to make oral or written representations to him, and if he so determines an opportunity to make such representations shall have been given.””. (4) In subsection (5) at the beginning insert ““in the case of an application by either the prosecution or a defendant””. (5) At the end of that subsection insert— ““(5A) In the case of an application by the defendant the condition is that the complexity of the trial or length of the trial or the nature of the evidence that is likely to be called is such that the interests of natural justice require that serious consideration should be given to the question of whether a trial should be conducted without a jury.”” (6) In subsection (7), at the end insert ““the defendant (or any of the defendants in cases where there is more than one defendant).””.’.