§ Mr. LidingtonTo ask the Secretary of State for the Home Department, pursuant to his answer of 9 March 2000,Official Report, column 820W, on jury trial, for what reasons he has assumed that eight per cent. of formerly electing defendants would be committed for sentence to the Crown Court under the provisions of the Criminal Justice (Mode of Trial) (No. 2) Bill. [115060]
§ Mr. Charles Clarke[holding answer 17 March 2000]: Home Office Research suggests that the magistrates would be able to sentence in cases where the Crown Court currently imposes a custodial sentence of up to 15 months—since sentences are two and a half times longer for defendants who elect Crown Court trial than for equivalent cases sentenced in the magistrates courts. In 1996, 76 per cent. of defendants in either-way cases dealt with at the Crown Court fell into this category. However, only one third of these defendants would have elected jury trial, and since defendants who elect are four times less likely to receive such a sentence compared with directed defendants, this means that magistrates would be able to sentence 92 per cent. of such defendants. The remainder, eight per cent., would be committed for sentence.