Fraud (Trials without a Jury) Bill

We considered the matter in Committee. Indeed, we discussed the problem that would arise with trial by judge alone if various applications were made to the judge on matters of law, which might mean his being told facts that would not otherwise be placed before him. The Government’s attitude was fairly dismissive. They claimed that trained judges can put out of their mind what is irrelevant to their determination of matters of fact. The Government are satisfied that that will happen. I do not have that confidence. I profoundly believe that the system whereby judge and jury have separate roles in criminal justice in the Crown court is important. New clause 15 would go some way towards solving the problem because the judge could still deal with points of law but have no role in determining questions of fact.