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Proceeding contribution from Stephen Hesford (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

The hon. Gentleman misapplies himself to the Government’s developing agenda. If the measure comes to pass, as I sincerely hope it will, in a fraud case where the prosecution have made an application to have the matter dealt with by a single judge, the judge will have in front of him or her all the points mentioned by the hon. Gentleman—the protocol and so on—so that he or she can decide whether the case should go to a non-jury trial. If, on all the evidence, there is no reason for a case to go to a non-jury trial, it will not. As I understand the Government’s case—the Minister will tell me if I am wrong—this provision is an option, not an automatic procedure. I am obliged that my hon. and learned Friend comforts me with a little nod. As with any procedure, that judgment will be subject to appeal in the Court of Appeal, which can determine whether the judge has exercised his or her jurisdiction correctly, so there is oversight. This is a way of better enabling the prosecution to manage serious cases. I will not repeat all the points made by the Minister, but what I find attractive is the fact that if the Bill is passed it will act as a deterrent against white-collar crime. We seek to minimise such crime and improve access to justice on such cases in our courts. My hon. and learned Friend was, for understandable reasons, slightly more circumspect than I must be, but I believe that the Bill will result in more guilty pleas. I believe that it will effect a better balance of justice than the current system. The Minister argued that more cases will be brought because those on the periphery of cases will be brought back into the picture. One thing that has marked the approach to crime of the Opposition and the Liberal Democrats since 1997, when I came into the House, is their lack of support, time and again, when we try to legislate to make the criminal justice system more effective on behalf of the people whom we represent. I pointed out to the hon. Member for Beaconsfield that we had crossed swords on a number of such Bills over the years. I have to say that the Conservatives’ approach—not necessarily that of the hon. Gentleman—has always been one of trench warfare. We are trying to rebalance the system so that it is fair and it does the job on behalf of our constituents. I clearly remember that the Proceeds of Crime Act 2002, which has toughened up the process and made it more usable in the courts, was fought at every opportunity by Opposition Members. In that case the Government were trying to get at the assets of those engaged in serious crime—which involved huge sums—and cut down on such criminality. In this case, too, we are talking about cases involving huge sums. Whether or not the Opposition intend it, the effect is the same—their so-called defence of principle is in fact a defence of those engaged in serious white-collar crime. [Interruption.] There are groans on the Opposition Benches, but I am afraid that that is the effect. Opposition Members have to decide whether they want to prosecute those involved in serious crime. I believe that these measures will help to do so.


Secondary information

Type
Proceeding contribution
Reference
453 c1130-1 
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