§ Miss WiddecombeTo ask the Secretary of State for the Home Department (1) if it is his intention to allow prosecution and defence to make oral representations in open court during an appeal against magistrates decision on mode of trial under his proposal to restrict the right to elect trial by jury; [108102]
(2) what estimate he has made of the cost of an appeal to the Crown Court against magistrates decision as to mode of trial, under his proposals to restrict the right to trial by jury; [108100]
(3) further to his answer of 27 January 2000, Official Report, column 250W, on Crown Court appeals, what his estimate is of the number of defendants who would appeal to the Crown Court against magistrates decisions as to mode of trial each year under his proposals; and what assumptions underlie that estimate. [108151]
§ Mr. StrawThe Government believe that most of these appeals could be determined very quickly on the basis of the papers by a single judge. However, they intend to give the judge the power to permit oral representations to be made to him by both the prosecution and defence if he considers it necessary in the interests of justice to do so. It is estimated that a paper based appeal to the Crown Court would cost £90 and an oral appeal would cost an additional £182. It is assumed that 3,900 or 25 per cent. of defendants would appeal.