Clause 36 - Application by defendant for trial to be conducted without jury
Criminal Justice Bill
9:30 am
Mr Simon Hughes (North Southwark and Bermondsey, Liberal Democrat)
That is a very good point, and is why, when we thought about the clause, and talked to others about it, it struck them and me that a general discretion with the judge would be better. The hon. Gentleman is right to point out that there are slightly different criteria. The last criterion, which introduces a necessity, is unusual. The judge would have to be persuaded, on a balance of probabilities, that the decision would be in the public interest. The Crown Prosecution Service does that every day, when it makes decisions about prosecution—it takes a more than 50 per cent. test. The judge would have to take such a test.
As it happens, yesterday I visited the judges in Snaresbrook Crown court.