HC Deb 09 March 2000 vol 345 cc819-21W
Mr. Lidington

To ask the Secretary of State for the Home Department, pursuant to his answer to the right hon. Member for Maidstone and The Weald (Miss Widdecombe) of 2 March 2000,Official Report, column 376W, for what reasons he has assumed that 25 per cent. of defendants who would have elected Crown Court trial and whom the magistrates decided to try would appeal against the magistrates' decision; what research he has undertaken into the likelihood of a defendant appealing against the magistrate's decision; and if he will make a statement. [113805]

Mr. Charles Clarke

It is not possible to make a precise estimate of the number of defendants who would appeal against the magistrates' decision on mode of trial; we have merely made the cautious assumption that a quarter of defendants would do so. By way of comparison, the percentage of defendants availing themselves of the unfettered right to appeal against summary conviction after a contested trial is about 14 per cent.

Mr. Lidington

To ask the Secretary of State for the Home Department, pursuant to his answer to the right hon. Member for Maidstone and The Weald (Miss Widdecombe) of 2 March 2000,Official Report, column 377W, on which judges will hear appeals from magistrates on mode of trial, if he will list, for each Crown Court centre in England and Wales, the estimated number of appeals to be heard by each resident judge; what discussions he has had with (a) resident judges and (b) senior presiding judges regarding the requirement for resident judges to hear such appeals, and what representations have been made to him; how the requirement for resident judges to hear such appeals relates to his estimate of a hearing within 48 hours; and if he will make a statement. [113809]

Mr. Charles Clarke

Assuming that 25 per cent. of defendants appeal against the magistrates' decision on mode of trial, it is estimated that there will be 3,500 appeals a year, which is on average less than one appeal per week for each of the 78 Crown Court centres. The proposal that these appeals should be heard by the resident judge has already been discussed with the Lord Chief Justice, who further proposed that a deputy should be nominated by the senior presiding judge of the Circuit to provide cover. This will ensure that appeals will be heard within 48 hours.

Mr. Lidington

To ask the Secretary of State for the Home Department what estimate he has made of the increased number of committals to the Crown Court for sentence if the Criminal Justice (Mode of Trial) (No. 2) Bill is enacted. [113806]

Mr. Charles Clarke

Assuming that eight per cent. would be committed for sentence, the number of formerly-electing defendants who under the Criminal Justice (Mode of Trial) (No. 2) Bill would be convicted in the magistrates' courts and committed for sentence would be 1,050, 160 more than under the original Bill.

Mr. Lidington

To ask the Secretary of State for the Home Department for what reasons the assumption of the increased number of defendants who would be tried in the magistrates' court rather than the Crown Court changed from 12,000 under the Criminal Justice (Mode of Trial) Bill to 14,000 under the Criminal Justice (Mode of Trial) (No. 2) Bill; what the basis was for each of those assumptions; and if he will make a statement. [113807]

Mr. Charles Clarke

The estimate that 12,000 formerly-electing defendants would have been tried in the magistrates' courts under the Criminal Justice (Mode of Trial) Bill was based on the generous assumption that a quarter of such defendants might, through representations, have been able to persuade the magistrates to direct their case to the Crown Court. Since the criteria in the No. 2 Bill are more restrictive, it has been assumed—again generously—that this proportion would be halved.