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Fraud (Trials without a Jury) Bill

My Lords, I shall come back to that point but my noble friend is absolutely right that if the Motion by way of amendment, which is to be moved by the noble Lord, Lord Kingsland, were to succeed, there would be no opportunity for this House to amend the Bill. I shall come back to the consequences of that. The key benefit of Section 43 provisions will be more efficient trials that enable the full criminality of cases to be exposed. A judge sitting alone will be able simply to read evidence that would have had to be presented orally to a jury. Arguments that would have to be set out at great length to a jury will be understood far more rapidly by a judge. A judge sitting alone would be less likely to require cases to be simplified or severed. I want to emphasise this because it has been a matter of concern to the House: Section 43 is not a general assault on the principle of trial by jury; nor is it about choosing between a fair trial and an unfair trial. It is about choosing between modes of fair trial. I fully acknowledge that there are great advantages to trial by jury, which is why it is appropriate for the vast majority of Crown Court cases; but there are circumstances—very limited circumstances—involving a very small number of cases where the advantages are outweighed by the disadvantages. For these cases, the 2003 Act provides for non-jury trial in England and Wales and in Northern Ireland. One category is where there is a real danger of jury intimidation. That was accepted by the House, and the provision was brought into force last year. The other category is serious and complex fraud cases. Other sorts of case can give rise to very long trials—terrorism, for example—but serious fraud cases are distinct in that even an enormously long trial may not, for the reasons I have given, ensure that justice is done. That is why we are seeking to implement this measure. I should like to make it clear—the question is bound to arise during the debate this afternoon—that the Government have no plans to extend juryless trials to any other categories of case. Section 43 will affect only a tiny number of exceptionally long and complex serious fraud trials. It will ultimately be for the Lord Chief Justice and other judges making decisions in individual cases to determine how many non-jury trials will take place. Our expectation is that, out of around 28,000 contested cases heard by a jury each year, the number of cases qualifying for juryless trial under Section 43 may be only half a dozen and will certainly not exceed 15 to 20 cases. That means that over 99.9 per cent of current jury trials will be unaffected by these measures. In the minute number of cases that Section 43 addresses, there exists an unacceptably high burden on the public, the public purse and the jurors. Noble Lords will recall that, when Section 43 was passed, its implementation was made subject to a requirement for an affirmative resolution of both Houses. This unusual step constituted a guarantee from the Government to undertake further consultation. In accordance with that guarantee—