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Fraud (Trials without a Jury) Bill

Proceeding contribution from Mike O'Brien (Labour) in the House of Commons on Thursday, 25 January 2007. It occurred during Debate on bills on Fraud (Trials without a Jury) Bill.
The hon. Gentleman has made two points. Neither of them was particularly good, but I will deal with them. The issue that we were considering was whether justice would be done without a jury. Whatever the sentence that can be imposed by a particular court, the question put to me was whether justice would be done in the deciding of guilt or innocence, and that was the question with which I dealt. Judges must often deal with issues of sentencing when someone has pleaded guilty, and there is then no issue relating to their sentencing restriction. If someone pleads guilty to fraud, the judge will have to decide the sentence. I am not sure whether the hon. Gentleman was implying that justice would not be done. I was not sure what his argument was; in any event, it was not a good one. As for the American criminal justice system, it is very different from ours. We have our own traditions and processes. One of the key ways in which the Americans deal with cases involves an element of plea bargaining. We are considering all those issues in connection with the fraud review, and in due course we will be able to say how we expect to proceed. These are interesting issues. As I said, the American system is very different from ours, and in many respects I do not think we want to emulate it, but there are elements of other systems that make it possible for cases of complexity and seriousness to be dealt with in ways that ensure both that justice is done and that we can improve and modernise our own procedures. I am glad to note that we will have the support of the hon. Gentleman in doing so.

About this proceeding contribution

Reference

455 c1651-2 

Session

2006-07

Chamber / Committee

House of Commons chamber
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