Skip to main content

Proceeding contribution from Humfrey Malins (Conservative) 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

My hon. Friend is absolutely right. The jury is an integral part of the whole principle of justice being seen to be done. It is also a very good thing that juries are not lawyers. They are not paid by the legal system; they are not beholden to it, and they are not part of the state. That is a huge advantage. If Ministers want to understand the real value of juries, all they need to do is travel to other countries and talk to some of those involved in the administration of justice abroad. Inevitably, those people will say how much they envy the British system of trial by jury. It must not be tampered with. Juries are also anonymous, as the hon. and learned Member for Medway mentioned earlier. That is a huge advantage. They come to court, they deliver a verdict, they drift back into their community and go home to lead their normal lives—end of story. A single judge trying a case enjoys no such privilege. If this trend continues, judges in this country will become more politicised. They will have a higher profile, and they will be subject to more criticism and pressure. I do not think that that would be healthy. If there is a problem with the present system, and if it is true that some cases are very complex and might last for many months, the remedy can be found by taking another route. First, let us ensure that those who prosecute and defend these cases are extremely able and that they present the issues in a short and simple manner. In other words, we need better case management. We have had the rules for a little while now; let us allow them to bed down and to work. Better case management will lead to shorter cases. It is entirely possible for cases to be further simplified, and it is essential to let case management rules bed in properly. Juries do not lengthen fraud trials. In a great number of such cases, a huge percentage of the time is taken up with legal arguments between the barristers and the judge in the absence of the jury. There is no evidence to support the proposition that juries find fraud cases too difficult; quite the reverse. An important principle is at stake today. Why do I speak so strongly in favour of the jury? It is because I believe that it represents one of the great protections for the people against an over-mighty state. In all my years of trying cases in the Crown court with a jury, I have not once found a defendant who was not content to be tried by his peers. I have never found a defendant who felt that the jury was biased against him or her. The defendant might say that the judge was biased against him, or gave him a rotten sentence, but I have never heard a word of criticism from a defendant against a jury and its verdict.


Secondary information

Type
Proceeding contribution
Reference
453 c1139-40 
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