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Tuesday 12th December 2006 Public Bill Committee Fraud (Trials Without a Jury) Bill RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Monday 11th December (Standing Order No. 83): That— (1) during proceedings on the Fraud (Trials without a Jury) Bill the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 12th December) meet— (a) at 4.00 p.m. on Tuesday 12th December; (b) at 9.00 a.m. and 1.00 p.m. on Thursday 14th December; (2) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 4.00 p.m. on Thursday 14th December. Mr Mike O’Brien has given notice of his intention to move a motion in the terms of the Resolution of the Programming Sub-Committee. Mr Mike O’Brien That, subject to the discretion of the Chairman, any written evidence received by the Committee shall be reported to the House for publication. Mr Douglas Hogg
4 Page 1, line 1, leave out Clause 1. Simon Hughes
1 Clause 4, page 2, line 9, leave out ‘months’ and insert ‘years’. Simon Hughes
2 Clause 4, page 2, line 10, leave out ‘to England and Wales and’. Simon Hughes
3 Clause 4, page 2, line 11, after ‘Jury)’, insert ‘(Northern Ireland)’. Mr Douglas Hogg
5 Page 2, line 7, leave out Clause 4. New Clauses Application by defendants for certain fraud cases to be conducted without a jury Mr Douglas Hogg
NC1 To move the following Clause:— ‘In section 43(2) of the Criminal Justice Act 2003 (c. 44), after “prosecution”, insert “, the defendant, or any of the defendants in cases where there is more than one defendant,”.’. Safeguards Mr Douglas Hogg
NC2 To move the following Clause:— ‘(1) Section 43 of the Criminal Justice Act 2003 (c. 44) is amended as follows. (2) In subsection (3), after second “satisfied”, insert “, or otherwise believes that such an order would, if made, significantly disadvantage or otherwise prejudice a defendant, or any of the defendants in cases where there is more than one defendant,”. (3) In subsection (7), at end add “, the defendant, or any of the defendants in cases where there is more than one defendant.”.’. Duty to hear oral representations Mr Douglas Hogg
NC3 To move the following Clause:— ‘(1) Section 43 of the Criminal Justice Act 2003 (c. 44) is amended as follows. (2) After subsection (3) insert— “(3A) In determining an application under subsection (2) the judge will grant— (a) the prosecution, (b) the defendant, or (c) any of the defendants in cases where there is more than one defendant, the opportunity to make oral representations, and will take such representations into account in deciding whether to make an order that the trial is to be conducted without a jury.”. (3) In subsection (4), at end insert “and no approval may be given in circumstances where the defendant, or any of the defendants in cases where there is more than one defendant, have not been granted an opportunity to make oral representations under subsection (3A) and for those representations to have been taken into account.”.’. Conditions to be satisfied Mr Douglas Hogg
NC4 To move the following Clause:— ‘In section 43 of the Criminal Justice Act 2003 (c. 44), for subsection (5) substitute— “(5) The condition is that by reason of the complexity or length of the trial, or both, and their likely impact on the safety of the verdict, the interests of justice require that serious consideration should be given to the question of whether the trial should be conducted without a jury.”.’. Expert assessors Mr Dominic Grieve
NC5 To move the following Clause:— ‘(1) The Lord Chief Justice shall appoint six assessors drawn from— (a) the Royal Institute of Chartered Accountants, (b) the Society of Actuaries, or (c) other persons prescribed in regulations made by the Lord Chancellor to determine, with the judge, the facts of fraud cases conducted without a jury under section 43 of the Criminal Justice Act 2003.’. ORDER OF THE HOUSE [29TH NOVEMBER 2006] That the following provisions shall apply to the Fraud (Trials without a Jury) Bill: Committal 1. The Bill shall be committed to a Public Bill Committee. Proceedings in Public Bill Committee 2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 14th December 2006. 3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets. Consideration and Third Reading 4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced. 5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day. 6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading. Other proceedings 7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed. |
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