The Government have decided that after the Summer Recess they will seek affirmative resolutions from both Houses of Parliament in order to implement Section 43 of the Criminal Justice Act 2003. Section 43 made provision for serious and complex fraud trials to be conducted by a judge sitting without a jury. The provision can operate only where the judge is satisfied that the length or complexity of the trial is likely to make it so burdensome upon the jury that the interests of justice so require, and the Lord Chief Justice gives his approval.

This decision has been taken in the light of discussions at a seminar held in January this year, following a commitment to further consultation that was given by the Government when the 2003 Act was passed, at which Opposition spokesmen, the judiciary, prosecuting authorities and the legal profession were among those represented. I am placing a record of the seminar proceedings in the Library of the House.

A protocol for dealing with lengthy trials, which was issued by the Lord Chief justice on 22 March 2005, emphasises the need for robust and well informed case management to enable the court to focus on the real issues, and it is hoped that this approach will contribute towards reducing the length of trials. The Government consider, however, that better case management will not of itself be sufficient to confine the duration of the most complex serious fraud trials within reasonable bounds, or prevent such trials from imposing an intolerable burden upon the jury.

The Government therefore propose to take the action necessary to obtain parliamentary approval for the implementation of Section 43, with a view to bringing it into force in January 2006.