That is right. There is a general point that we need to keep in mind: even when a defence is funded by the state through the legal aid fund, the defendant very often suffers substantial financial loss that is irrecoverable even if they are acquitted. There is no doubt that the proposed legislation will bear on people facing long trials. I hesitate to make that point in the presence of the hon. and learned Member for Medway, as he will say that I am driving in the wedge, but we are talking about fraud cases only and we should be able to give the defendant the opportunity to say, ““I cannot stand financially the prospect of a very long fraud trial.””
There is an issue of fairness. I hope that the Government will respond to what has been said. If they do so on this narrow point, I will not condemn them. I would greatly appreciate it if I could have the opportunity to press new clause 13 to a Division, notwithstanding that a different new clause has been moved and voted on. However, I recognise that that is within the discretion of the Chair.
Fraud (Trials without a Jury) Bill
Proceeding contribution from
Viscount Hailsham
(Conservative)
in the House of Commons on Thursday, 25 January 2007.
It occurred during Debate on bills on Fraud (Trials without a Jury) Bill.
About this proceeding contribution
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455 c1611 Session
2006-07Chamber / Committee
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