§ 30. Mr. Ross Cranston (Dudley, North)What analysis he has made of the use of juries in serious fraud trials. [47147]
§ The Attorney-GeneralIn February my right hon. Friend the Home Secretary launched a consultation exercise seeking views on whether an alternative method of trial should be available in serious and complex fraud cases, and on the viability of various options for change. The Government have not reached a conclusion on whether the ending of jury trials in serious fraud cases is desirable in principle, or formed an opinion on any particular options for change, and will not do so until the consultation process is complete.
§ Mr. CranstonI thank my right hon. and learned Friend for that reply. Is he aware of the view recently expressed by the head of the Serious Fraud Office that some fraud trials are incapable of being handled by a jury? In considering that view, will he weigh against it the idea that technological developments have made it possible to simplify cases so that they can be more easily expressed to a jury, thereby making it possible to retain the jury in many fraud cases?
§ The Attorney-GeneralI fully recognise the technological changes, which are an invaluable tool in some of the more complicated fraud trials. In her article, the director of the Serious Fraud Office made it clear that she was expressing her personal view. As the Home Secretary said in his consultation paper, the Government recognise that there are concerns that the present system for handling some major complex fraud trials is not working satisfactorily, and that there may be a case for considering some change to the system. Obviously, we shall take into account both the director's views and those of all who participate in the consultation exercise.
§ Mr. Dominic Grieve (Beaconsfield)Will the right hon. and learned Gentleman also bear in mind, in that context, the fact that, historically, one of the problems with serious fraud trials appears to have been a tendency to overload indictments and not to sever them? If simple matters are explained simply, in a way that will lead to a just verdict, most juries can understand them perfectly well.
§ The Attorney-GeneralThe hon. Gentleman is right. The responsibility lies in the first instance on the Crown, likewise on the defence, and above all on the trial judge. The Court of Appeal has long spoken against overloaded indictments, but the hon. Gentleman will recall, in a famous case not so long ago, what happened with regard to the second trial.
§ Mr. John Burnett (Torridge and West Devon)Is the Attorney-General aware of the many misgivings at the possible replacement of juries in serious fraud trials? Is he aware of the public outrage in Israel at the recent acquittal, by a judge sitting alone, of numerous politicians charged with serious fraud and corruption?
§ The Attorney-GeneralI am not aware of that case. As far back as I can remember, there have been many 518 views, both in favour of and against, the continuation of jury trials—not just in fraud cases but in some others, too. I for one, with a little experience of handling fraud trials, greatly value the role of the jury in deciding issues such as dishonesty. On the other hand, there are also other considerations in a small number of cases, such as the burden imposed on jurors of taking six months or perhaps a year out of their lives. Some might say that that was intolerable.