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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

I wish to query the statistic about conviction rates given by my hon. and learned Friend the Member for Medway (Mr. Marshall-Andrews). The argument is not about more convictions, but it is important to be accurate. The Serious Fraud Office completed 10 trials involving 23 defendants last year, of whom 13 were convicted and 10 acquitted, producing a conviction rate of 57 per cent. The average conviction rate over the past five years has been 61 per cent. If I may, I will also address the question of dishonesty. The highly regarded report by Mr. Justice Auld dealt with the issue of dishonesty and juries, and it said:"““Often there is no need for any value judgment as to the dishonesty of the defendant, for example, where the only issue is whether he is factually responsible for, or a party to, whatever conduct is alleged, and where analysis of the evidence one way or another effectively determines the issue of dishonesty. In cases of complexity, for example, cases where the issue turns on medical or other scientific evidence, the issue is not one of dishonesty at all, or even of assessment of the reliability or credibility of witnesses or the defendant. It is simply one that requires a jury to understand and to evaluate conflicting expert views.””" Mr. Justice Auld deals with the point that the hon. Gentleman makes more effectively than I could.


Secondary information

Type
Proceeding contribution
Reference
453 c1112-3 
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