§ Mr. Clifton-BrownTo ask the Secretary of State for the Home Department if he will make a statement on the implications of the Government's proposals to abolish the right to elect trial by jury. [109646]
§ Mr. Charles ClarkeGiving the courts rather than defendants the power to decide whether either-way offences should be heard in the Crown Court would reduce delays and secure a more efficient system of justice. Our proposals would be to the benefit of the public, victims and witnesses, but would nevertheless protect the interests of the accused.
§ Mr. Nigel GriffithsTo ask the Secretary of State for the Home Department what assessment he has made of the experience of the trial without jury system in Scotland. [109649]
§ Mr. Charles ClarkeThe main difference with the Scottish jury system is that there is no right for the accused to choose trial by jury. The decision on mode of trial is made by Crown Counsel on the recommendation of the procurator fiscal, who has a wide discretion. I am not aware that this has led to any unfairness to defendants in Scotland.
§ Mr. Simon HughesTo ask the Secretary of State for the Home Department if he will list the 20 most common triable either way offences in the past year; and if he will make a statement. [111321]
§ Mr. StrawThe information is given in the table.
865W
Most common triable either way offences 1 Offence description Prosecutions 1. Stealing from shops and stalls 77,914 2. Absconding by person released on bail 45,495 3. Assaults occasioning actual bodily harm 38,020 4. Ad hoc offences under the Theft Act 1968, section 1 26,525 5. Non-aggravated burglary in a dwelling 25,512 6. Having possession of cannabis 24,395 7. False statements by company directors 21,184 8. Non-aggravated burglary other than in a dwelling 20,459 9. Affray 17,600 10. Obtaining property by deception 16,018 11. Criminal damage excluding arson, endangering life and racial aggravation 14,148 12. Wounding or inflicting grievous bodily harm (inflicting bodily injury with or without weapon) 7,158 13. Possession of offensive weapons without lawful authority or reasonable excuse 7,141 14. Stealing from motor vehicles 6,728 15. Stealing from the person of another 6,256 16. Where the vehicle was driven dangerously, where injury to any person or damage to any property was caused or damage was caused to the vehicle 6,161 17. Dangerous driving 5,820 18. Undertaking or assisting in the retention, removal, disposal or realisation of stolen goods or arranging to do so 5,653 19. Violent disorder 5,337 20. Having an article with a blade or point in a public place 4,867 1 Defined by number of defendants prosecuted at magistrates' courts in 1998
§ Mr. Simon HughesTo ask the Secretary of State for the Home Department if any criminal offences related to arson are triable either-way; and if he will make a statement. [111323]
§ Mr. Charles ClarkeUnder the Criminal Damage Act 1971, destruction or damage by fire is charged as arson and is triable either-way. If there is intent to endanger life or recklessness as to whether life would be endangered, the offence must be tried in the Crown Court.