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Fraud (Trials without a Jury) Bill

As I have indicated, our view was that if we were to extend this right to the defence, we would do so without preconditions because of the impact on other parts of the trial. Therefore we would not create equality of arms. In a sense, we would be giving the defence greater rights than the prosecution. The unfairness would apply in a different way. I accept the strength of the hon. Gentleman’s argument and throughout this debate I have conceded that there are strong arguments on his side. Indeed, the Government put those arguments forward some years ago and still subscribe to some of them, but in putting forward this Bill we agreed to abide by what was in the 2003 Act and that is why I have taken the view that I have on the issue.