Practice and Procedure

Trial without a jury?

PUBLISHED March 13, 2006

Lords Thomas and Goodhart have tabled an amendment to s.43 CJA 2003 which would, if enacted, remove the provision for trial without jury in fraud cases. 

They propose in its place amendment to the Courts Act 2003.  The proposed amendment to the Courts Act would make provision for the Lord Chancellor to create new Criminal Procedure Rules in Complex Fraud Cases.  The envisaged rules would improve management of jury trials and positively enhance the role of juries in fraud cases.  The Lord Chancellor's power to create these rules would include the power to make provision for (inter alia): opening statements by the prosecution and the defence before the calling of any evidence; limitation on length of cross-examination; greater opportunity for juries to request clarification of material before them; electronic presentation of evidence.