Clause 86 - Alteration of place fixed for Crown Court trial
Courts Bill [Lords]
2:30 pm
Mr Nick Hawkins (Surrey Heath, Conservative)
I beg to move amendment No. 93, in
clause 86, page 40, line 10, leave out
'by a judge of the High Court'.
The amendment relates to a small point on which we wanted to probe the Government. The Government propose to change the arrangements for moving a Crown court trial when there is an application for variation of the place fixed for it. Although we understand why the Government might say that that sort of application need no longer be heard in open court, we think that it would be helpful if such applications for an alteration were heard by a High Court judge. That is why we have sought the deletion of that phrase, and I shall be interested to hear what the Minister has to say about it.
In terms of the convenience of witnesses or other court users in a Crown court trial, applications for taking a major step such as moving a trial from one venue to another are important, but I hope that they will not be too common. The traditional practice, whereby which such applications are heard by what is known in the profession as a ''red'' judge—a High Court judge—should continue. I am slightly puzzled as to what the Government have in mind, and I will listen with interest to what the Minister has to say.