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Thursday 25th January 2007 Consideration of Bill Fraud (Trials Without a Jury) Bill NEW CLAUSES Applications under section 43 of the Criminal Justice Act 2003: notice of transfer Secretary John Reid NC1 To move the following Clause:— ‘At the end of section 43 of the “(8) Before the commencement of paragraph 18 of Schedule 3 so far as it inserts section 51B of the Crime and Disorder Act 1998, the reference to that section in subsection (1)(b) is to have effect as if it were a reference to section 4 of the Criminal Justice Act 1987.”.’. Criminal procedure rules in complex fraud cases Simon Hughes
NC2 To move the following Clause:— ‘For section 43 of the Criminal Justice Act 2003 (c. 44) (applications by prosecution for certain fraud cases to be conducted without a jury) substitute— “43 Amendment of the Courts Act 2003 (1) The Courts Act 2003 (c. 30) is amended as follows. (2) In section 69, after ‘(1)’, insert ‘Subject to section 69A,”. (3) After section 69 insert— “69A Criminal procedure rules in complex fraud cases (1) There are to be special rules of court (called the ‘Criminal Procedure Rules in Complex Fraud Cases’) governing the practice and procedure to be followed in the Crown Court in complex fraud cases. (2) Criminal Procedure Rules in Complex Fraud Cases are to be made by the Criminal Procedure Rule Committee. (3) The power to make Criminal Procedure Rules in Complex Fraud Cases includes power to make provision for— (a) the determination of a case as a complex fraud case; (b) management hearings for complex fraud case trials; (c) prior to the commencement of the trial— (i) delivery of statements of case by both prosecution and defence; (ii) agreement of a schedule of relevant facts; (iii) agreement of documents to be disclosed to the jury; (iv) agreement of a list of issues; (v) exchange of expert evidence; (vi) the determination of preliminary issues, including applications to stay or dismiss for abuse of process; (vii) on the application of the defendant, indications of sentence from the court. (d) at trial— (i) the composition, vetting and challenging of the jury panel; (ii) the making of opening statements to the jury by both prosecution and defence; (iii) an appropriate recess thereafter for consideration by the jury of the opening statements, the agreed facts and documents and agreed list of issues; (iv) opportunities for clarification by the jury of the material and evidence before them at all stages of the trial; (v) the electronic presentation of evidence; (vi) the limitation of prolix cross-examination. (4) The power to make or alter Criminal Procedure Rules in Complex Fraud Cases shall be exercised in accordance with the principles of section 69(4) and shall follow the process set out in section 72. (5) The Lord Chancellor shall have the same power to amend, repeal or revoke any enactment contained in section 73 in order to facilitate the making of Criminal Procedure Rules in Complex Fraud Cases.”.’. Criminal procedure rules in complex fraud cases: consequential provisions Simon Hughes
NC3 To move the following Clause:— ‘(1) The Criminal Justice Act 2003 (c. 44) is amended as follows. (2) In the title of section 45 for “sections 43 and” substitute “section”. (3) Omit section 45(1)(a). (4) In section 45(5), omit “43 or”. (5) In section 45(9), omit “43 or”. (6) In section 46(7), omit “43 or”. (7) In section 48(1), omit “43,”. (8) In section 50(3) in the substituted section 45— (a) in the title for “sections 43 and” substitute “section”, (b) omit subsection (1)(a), and (c) in subsection (5) omit “43 or”.’. Conditions to be satisfied Simon Hughes
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 the complexity of the trial or the length of the trial (or both) would be likely to make the trial so burdensome to the members of a jury hearing the trial that the interests of justice required that the trial should be conducted without a jury.”.’. Conditions to be satisfied (No. 2) Simon Hughes
NC5 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.”.’. Application of Part 7 of the Criminal Justice Act 2003 to Northern Ireland Simon Hughes
NC7 To move the following Clause:— ‘(1) Section 50 of the Criminal Justice Act 2003 (c. 44) (application of Part 7 to Northern Ireland) is amended as follows. (2) In subsection (1)(b) for “(3)” substitute “(2A)”. (3) After subsection (2) insert— “(2A) Omit section 43.”. (4) In subsection (3) in the substituted section 45— (a) in the title for “sections 43 and” substitute “section”, (b) omit subsection (1)(a), and (c) in subsection (5) omit “43 or”.’. Separate judge for applications, etc Simon Hughes
NC8 To move the following Clause:— ‘In section 48 of the Criminal Justice Act 2003 (c. 44), leave out subsection (3) and insert— “(3) Subject to subsection (3A), where a trial is conducted or continued without a jury, the courts is to have all the powers, authorities and jurisdiction which the court would have had if the trial had been conducted or continued with a jury (including power to determine any question and to make any finding which would be required to be determined or made by a jury). (3A) Following the making of the order that the trial is to be conducted or continued without a jury, any hearing or question that would, had the order not been made, been heard or determined by a judge sitting without a jury, should be heard or determined by a judge other than the trial judge, unless: (a) the hearing or question relates solely to the timetabling or administration of the case; and (b) no material prejudicial to the defendant or to any of the defendants will be discussed or submitted to the judge at that hearing or during the determination of that question.”.’. Applications by defence for certain fraud cases to be conducted without a jury Simon Hughes
NC9 To move the following Clause:— ‘(1) Section 43 of the Criminal Justice Act 2003 (c. 44) is amended as follows. (2) In subsection (2) leave out “prosecution” and insert “defendant, or any of the defendants in cases where there is more than one defendant”. (3) In subsection (7) leave out “prosecution” and insert “defendant, or any of the defendants in cases where there is more than one defendant”.’. Duty to hear oral representations Simon Hughes
NC10 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.”.’. Safeguards Simon Hughes
NC11 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) of the Criminal Justice Act 2003, leave out “prosecution” and insert “, the defendant, or any of the defendants in cases where there is more than one defendant.”.’. Expert assessors Mr Douglas Hogg
NC12 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.’. Application by defendants for certain fraud cases to be conducted without a jury (No.2) Mr Douglas Hogg
NC13 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,”’. Rights of the defendant Mr Douglas Hogg
NC14 To move the following Clause:— ‘(1) Section 43 of the Criminal Justice Act 2003 is amended as follows. (2) In subsection (3)— (a) for “that the condition” substitute “any of the conditions”, and (b) after second “satisfied” insert “or otherwise believes that an order if made would significantly disadvantage or otherwise prejudice the defendant (or any of the defendants in cases where there is more than one defendant).”. (3) In subsection (4) after “him” insert “who, before he gives such an approval, shall consider whether the prosecution (or the defendant, or any of the defendants in cases where there is more than one defendant) should be given the opportunity to make oral or written representations to him, and if he so determines an opportunity to make such representations shall have been given.”. (4) In subsection (5) at the beginning insert “in the case of an application by either the prosecution or a defendant”. (5) At the end of that subsection insert— “(5A) In the case of an application by the defendant the condition is that the complexity of the trial or length of the trial or the nature of the evidence that is likely to be called is such that the interests of natural justice require that serious consideration should be given to the question of whether a trial should be conducted without a jury.” (6) In subsection (7), at the end insert “the defendant (or any of the defendants in cases where there is more than one defendant).”.’. Expert panel Mr Dominic Grieve
NC15 To move the following Clause:— ‘(1) Section 43 of the Criminal Justice Act 2003 (c. 44) is amended as follows. (2) In the headnote at the end insert “but with a panel of experts”. (3) In subsection (2) after “jury”, insert “but with a panel of experts”. (4) In subsection (3) after “jury”, insert “but with a panel of experts”. (5) In subsection (5) at end insert “but with a panel of experts”. (6) After section 43 insert— “43A Expert Panel for Fraud Cases (1) The Lord Chief Justice shall nominate eight experts drawn from— (a) The Royal Institute of Chartered Accountants, (b) The Society of Actuaries, or (c) other persons prescribed by regulations made by the Lord Chancellor to determine the facts of fraud cases conducted without a jury by virtue of section 43 of this Act. (2) The judge shall retire with the experts to assist them but shall not determine any question of fact.”.’. Mr Douglas Hogg 14 Page 1, line 1, leave out Clause 1. Simon Hughes
7 Page 1, line 5, leave out Clause 2. Secretary John Reid 1 Page 1, line 9 [Clause 2], at end insert ‘, or a judge of the Crown Court nominated for the purposes of this section by the Head of Criminal Justice,’. Mr Robert Marshall-Andrews
13 Page 1, line 9 [Clause 2], at end insert ‘who shall, save in exceptional circumstances, be the designated trial judge.’. Secretary John Reid 2 Page 1, line 16 [Clause 2], at end insert ‘or a judge of the Crown Court nominated for the purposes of that section by the Head of Criminal Justice’. Mr Douglas Hogg 15 Page 1, line 16 [Clause 2], at end insert ‘or a judge of the Crown Court who shall have been designated by the Lord Chief Justice or by a judge nominated by him to try the case.’. Secretary John Reid 3 Page 2, line 6 [Clause 3], after ‘cases).”’, insert— ‘(2B) In section 43(2) for “the Head of Criminal Justice” substitute “the Lord Chief Justice of Northern Ireland”.’. Secretary John Reid 4 Page 2, line 6 [Clause 3], after ‘cases).”’, insert— ‘(2C) In section 43(4) for “the Lord Chief Justice” substitute “the Lord Chief Justice of Northern Ireland”.’. Secretary John Reid 5 Page 2, line 6 [Clause 3], after ‘cases).”’, insert— ‘(2D) Omit section 43(8).’. Secretary John Reid 6 Page 2, line 6 [Clause 3], at end insert— ‘( ) After subsection (10) of that section insert— “(10A) In section 48(1) for “the Head of Criminal Justice” substitute “the Lord Chief Justice of Northern Ireland”.”.’. Mr Douglas Hogg 16 Page 2, line 7, leave out Clause 4. Simon Hughes
8 Page 2, line 8 [Clause 4], leave out ‘two months’ and insert ‘four years’. Simon Hughes
9 Page 2, line 10 [Clause 4], leave out ‘to England and Wales and’. Simon Hughes
10 Page 2, line 10 [Clause 4], leave out ‘and to Northern Ireland’. Simon Hughes
11 Page 2, line 11 [Clause 4], after ‘Jury)’, insert ‘(Northern Ireland)’. Simon Hughes
12 Page 2, line 11 [Clause 4], after ‘Jury)’, insert ‘(England & Wales)’. 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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© Parliamentary copyright 2007 | Prepared: 25 January 2007 |