New Clause 3
Fraud (Trials Without a Jury) Bill
6:30 pm
Duty to hear oral representations
‘(1) Section 43 of the Criminal Justice Act 2003 (c. 44) is amended as follows.
(2) After subsection (3) insert—
“(3A) In determining an application under subsection (2) the judge will grant—
(a) the prosecution,
(b) the defendant, or
(c) any of the defendants in cases where there is more than one defendant,
the opportunity to make oral representations, and will take such representations into account in deciding whether to make an order that the trial is to be conducted without a jury.”.
(3) In subsection (4), at end insert “and no approval may be given in circumstances where the defendant, or any of the defendants in cases where there is more than one defendant, have not been granted an opportunity to make oral representations under subsection (3A) and for those representations to have been taken into account.”.’.—[Mr. Hogg.]