Proceeding contribution from Mike O'Brien (Labour) in the House of Commons on Wednesday, 29 November 2006. It occurred during Debate on bill on Fraud (Trials without a Jury) Bill.
Fraud (Trials without a Jury) Bill
In response to the sedentary intervention of the right hon. and learned Gentleman, I, or rather you, Mr. Speaker, will be the judge of the rights of Back Benchers in this case. Let me not usurp the right of the arbiter. A judge can curtail lengthy speeches by windbag journalists—[Interruption.] Sorry, I meant windbag lawyers, although perhaps journalists too might be involved; one never knows. By doing that, the judge can ensure that the trial proceeds much more expeditiously. Most importantly, there will be less need for cases to be severed, or for sample charges. On the whole, cases could be dealt with more expeditiously—but shorter trials, however desirable, are not our primary objective. We want to enable justice to be done by exposing the whole criminality of the case in a single trial. If trials are short, that will be a bonus. Rather than having a case severed, or some of the charges dropped, we believe that judge-led trials will enable the full culpability of defendants to be exposed in court and the crime to be considered in the round. Yes, longer indictments will be involved, and cases will be examined in one trial rather than being severed into two or three. That may well lead to some trials taking as long as they do at present, but without the intolerable pressure on individual members of a jury. If found guilty, defendants could also be punished for all that they have done, whereas we sometimes find now that trials are severed and they are punished for part of it here and part there, and the whole of the evidence is never exposed before members of a single court. The point made by the hon. Member for Beaconsfield that some do not believe that trials by judge alone will be shorter is not as telling as he thinks, as the aim has always been to ensure that the full culpability of individuals can be brought before the court, which is currently being prevented in some cases. He seems to want that full culpability not to go before a single court, but our view is that it should. Section 43 offers a further all-important advantage to defendants—a reasoned verdict. Defendants convicted by jury are not at present entitled to know the reasons for the verdict on them. When a trial is conducted without a jury, and a court convicts a defendant, the judge will be required to give a full reasoned verdict as soon as is reasonably practical after a conviction, and to demonstrate that all proper procedures have been followed.
Secondary information
- Type
- Proceeding contribution
- Reference
- 453 c1101-2
- Session
- 2006-07
- Chamber / Committee
- House of Commons chamber
- Subjects
- Civil liberties Criminal proceedings Criminal records Fraud Juries Evidence Drugs Judges Jubilee line Judgements Northern Ireland Prosecutions Terrorism Trials Scheduled offences
- Legislation
- Fraud (Trials without a Jury) Bill 2006-07
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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