Clause 37 - Application by prosecution for
Criminal Justice Bill
3:15 pm
Dr Desmond Turner (Brighton, Kemptown, Labour)
I am a complete layman, but it appears that clause 37's biggest difficulty is precisely the reverse of the argument that was made under clause 36 that the defence would play the system and choose whatever mode of trial was to their best advantage. In clause 37, the prosecution have the opportunity to do exactly the same. They can attempt to choose the mode of trial that would best increase their chances, and thereby disadvantage the defendant. I see nothing in the clause or the amendments that provides any comfort or protection for defendants.