Fraud (Trials without a Jury) Bill

Part of Orders of the Day – in the House of Commons at 4:59 pm on 29 November 2006.

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Photo of Andrew Pelling Andrew Pelling Conservative, Croydon Central 4:59, 29 November 2006

I listened carefully to the reasons given by the Solicitor-General and his hon. Friend Stephen Hesford for introducing the Bill again.

The issue is not the lack of jury capability, neither is it the length of cases brought before court; otherwise, the Bill would include a general proposal about the prospective length of cases other than fraud. The Solicitor-General said that more than 60 per cent. of cases taken to court result in a successful prosecution, so the Bill was not introduced to tackle a failure to prosecute fraud successfully. He referred to the desire that cases be dealt with expeditiously, and he emphasised—this appears to be the Government's main argument—that the burden on the jury is the primary issue and reason for introducing the Bill. It is for the House to consider whether the burden on jurors is such that we wish to give up the rights of Her Majesty's subjects to trial by their peers. The argument, bearing in mind my colleagues' strong comments throughout our debate, is that the burden on 12 members drawn from the electorate in England, Wales and Northern Ireland is such that we should give up those rights.

Abolition appears to be an expedient solution, and some hon. Members asked whether it would set a precedent. The Solicitor-General said that there were no plans for treating it as a precedent for further legislation to withdraw the right to jury trial, but I would be more reassured if he had said that there was no intention to introduce such a change in future. I was particularly disturbed by references to Diplock courts.