Clause 41 — Application by Defendant for Trial to be conducted without Jury

Part of Criminal Justice Bill – in the House of Commons at 2:45 pm on 18 November 2003.

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Photo of Simon Hughes Simon Hughes Liberal Democrat, North Southwark and Bermondsey 2:45, 18 November 2003

This is very important territory, and I concede that the Home Secretary has moved to limit the proposal to fraud cases. However, there are two strong arguments against his case. First, there is a much higher conviction rate in most long and complex fraud cases than elsewhere in the jury trial system, and the SFO has testified to that. Secondly, almost everyone who has participated in such trials understands that there is normally only one fundamental and simple issue—is the person honest or dishonest? That question can be understood by a cross-section of the population in a jury of 12 as well as it can be understood by a judge who, by definition, is a jury of one.