Fraud (Trials without a Jury) Bill

We are returning, in a circular fashion, to the earlier argument. No, there is nothing particularly different about the length or complexity of fraud cases in comparison with some other classes of case, which is why we are so concerned about the Government’s proposals. Given, however, that the Government have decided that these are the most difficult, complex and lengthy fraud cases—so much so that they must remove a key safeguard in our judicial system, and make a judge become a finder of fact as well as assessing the law—it strikes me as perverse that they should be heard by not a High Court but a Crown court judge. Of course, not every Crown court judge will be involved; the judges will be specially selected. The implication of that is that a couple of Crown court judges will become the specialists in this field. Great dossiers will be plonked on their desks and they will be told, ““Here you are; here is a complex fraud case for you to conduct. Goodbye, and see you again in six months.”” Therefore, there will be a specialist cadre of judges who will look at such cases week in, week out, month in, month out and year in, year out. That raises another important issue in relation to serving the interests of justice—case-hardening for judges, particularly if they are finders of fact as well.