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Fraud (Trials without a Jury) Bill


 

Fraud (Trials without a Jury) Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately

as HL Bill 31—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord Goldsmith has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Fraud (Trials without a Jury) Bill are compatible

with the Convention rights.

 

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Fraud (Trials without a Jury) Bill

 
HL Bill 31 54/2
 
 

 

Fraud (Trials without a Jury) Bill

 

 
 

Contents

1   

Commencement of section 43 of the Criminal Justice Act 2003

2   

Jurisdiction under section 43 of the Criminal Justice Act 2003

3   

Applications under section 43 of the Criminal Justice Act 2003: notice of

transfer

4   

Section 43 of the Criminal Justice Act 2003: Northern Ireland

5   

Commencement, extent and short title

 

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Fraud (Trials without a Jury) Bill

1

 

A

Bill

To

Make amendments of and in relation to section 43 of the Criminal Justice Act

2003. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Commencement of section 43 of the Criminal Justice Act 2003

Section 330(5)(b) of the Criminal Justice Act 2003 (c. 44) (commencement by the

affirmative procedure of section 43 of that Act, under which the prosecution

may apply for a fraud trial to be conducted without a jury) is repealed.

2       

Jurisdiction under section 43 of the Criminal Justice Act 2003

5

(1)   

In section 43(2) of the Criminal Justice Act 2003 (application by prosecution for

a fraud trial to be conducted without a jury), for “a judge of the Crown Court”

substitute “a judge of the High Court exercising the jurisdiction of the Crown

Court, or a judge of the Crown Court nominated for the purposes of this

section by the Head of Criminal Justice,”.

10

(2)   

In section 48 of that Act (further provision about trials without a jury), for

subsection (1) substitute—

“(1)   

The effect of an order under section 43 is that the trial to which the order

relates is to be conducted—

(a)   

without a jury, and

15

(b)   

by a judge of the High Court exercising the jurisdiction of the

Crown Court or a judge of the Crown Court nominated for the

purposes of that section by the Head of Criminal Justice.

(1A)   

The effect of an order under section 44 or 46(5) is that the trial to which

the order relates is to be conducted without a jury.”

20

 
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Fraud (Trials without a Jury) Bill

2

 

3       

Applications under section 43 of the Criminal Justice Act 2003: notice of

transfer

At the end of section 43 of the Criminal Justice Act 2003 (c. 44) insert—

“(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

5

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.”

4       

Section 43 of the Criminal Justice Act 2003: Northern Ireland

(1)   

In section 50 of the Criminal Justice Act 2003 (application of Part 7 of that Act

to Northern Ireland), in subsection (1)(b), for “(3)” substitute “(2A)”.

10

(2)   

After subsection (2) of that section insert—

“(2A)   

For section 43(1)(b) substitute—

“(b)   

a notice of transfer relating to that offence or those offences has

been given under Article 3 of the Criminal Justice (Serious

Fraud) (Northern Ireland) Order 1988 (S.I. 1988/1846) (notices

15

in serious and complex fraud cases).”

(2B)   

In section 43(2) for “the Head of Criminal Justice” substitute “the Lord

Chief Justice of Northern Ireland”.

(2C)   

In section 43(4) for “the Lord Chief Justice” substitute “the Lord Chief

Justice of Northern Ireland”.

20

(2D)   

Omit section 43(8).”

(3)   

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”.”

5       

Commencement, extent and short title

25

(1)   

This Act comes into force at the end of the period of two months beginning

with the day on which it is passed.

(2)   

This Act extends to England and Wales and to Northern Ireland.

(3)   

This Act may be cited as the Fraud (Trials without a Jury) Act 2007.

 
 

 
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Revised 29 January 2007