Fraud (Trials without a Jury) Bill

There are all sorts of pressures on poor old Ministers. That might be one of them, but Ministers also have to take a view about where they stand on an issue. I have done that, and the Home Office has done that, and this is where the Government stand. Another Government and other Ministers may take other views, but this is the position of this Government on this Bill. The premise underlying new clauses 11(2) and 14(2) is that an order for non-jury trial under section 43 might disadvantage or prejudice the defendant. The Government do not accept that non-jury trial is capable of having that effect. Proposed new subsection (3) of new clauses 9 and 11, and proposed new subsection (6) of new clause 14, amend section 43(7) of the 2003 Act. That requires the judge, in considering whether there are steps that he could take that would reduce the length or complexity of the trial, to disregard any step that might significantly disadvantage the prosecution. The amendments refer instead—or, in the case of new clause 14, in addition—to steps that would disadvantage the defendant. However, the judge is under no obligation to make an order under section 43, and he certainly need not take steps prejudicial to the defendant in order to justify refusing to order trial without a jury. New clause 10, which is the same as the new clause moved in Committee, and proposed new subsection (3) of new clause 14 would allow representations to be made in relation to an application under section 43. As hon. Members accepted in Committee, section 45 of the 2003 Act already does what we believe to be necessary. Section 45(2) provides that an application under section 43 must be determined at a preparatory hearing, which takes place orally. Section 45(3) provides that parties must be given an opportunity to make representations. If there is any ambiguity of interpretation, the Pepper v. Hart provision means that judges will be able to look at what I as a Minister have said in this House. Proposed new subsection (3) of new clauses 10 and 14 both relate to representations made when the Lord Chief Justice—or the head of criminal justice, Sir Igor Judge—is called on to consider whether to approve a section 43 order. The Government do not consider it necessary to prompt the Lord Chief Justice or Sir Igor Judge to consider whether the parties have been given an opportunity to make representations, as proposed in new clause 10, or to consider whether they should be given the opportunity to do so before him, as proposed in new clause 14. We believe that such matters are best left for the senior judiciary to determine, as that is what they are there for. I anticipate that the process is likely to be that, after a full oral hearing for the initial application, the head of criminal justice will determine whether a further oral hearing is required. That would be entirely a matter for him, in all circumstances. Sometimes, that further hearing would not be needed, but sometimes it might. I make no commitment on that: we believe that the matter is best left for the senior judiciary to determine. The oral hearing will take place before the initial judge, and that is the best place for it.