HC Deb 17 March 2000 vol 346 cc377-8W
Mr. Lidington

To ask the Secretary of State for the Home Department (1) if he will estimate(a) the cost to public funds and (b) the amount of Crown court time taken up if (i) 25 per cent., (ii) 50 per cent., (iii) 75 per cent. and (iv) 100 per cent. of defendants electing Crown court trial but refused it by the magistrates under the provisions of the Criminal Justice (Mode of Trial) (No. 2) Bill appealed to the Crown court against the magistrates' decision, assuming that an oral hearing was granted in (1) 25 per cent., (2) 50 per cent., (3) 75 per cent. and (4) 100 per cent. of appeals for each proportion of appeals in (i) to (iv); [115212]

(2) pursuant to his answer of 9 March 2000, Official Report, column 820W, on jury trial, what research he has undertaken into the likelihood of a defendant appealing against magistrates' decision as to mode of trial under the provisions of the Criminal Justice (Mode of Trial) (No. 2) Bill; if he will place a copy of the research in the Library; and if he will make a statement. [115061]

Mr. Charles Clarke

No research has been conducted on this issue. It is assumed that the magistrates will decide to try about 13,940 cases. There is no cost to public funds but the implications of appeals on the estimated savings from the Bill are contained in the table.

Appeal rate
Oral hearing rate 25 per cent. 50 per cent. 75 per cent. 100 per cent.
25 per cent.
£ million savings 128 122 116 110
Number of hours 799 1,597 2,396 3,196
50 per cent.
£ million savings 126 119 112 104
Number of hours 1,017 2,035 3,051 4,066
75 per cent.
£ million savings 125 116 107 99
Number of hours 1,235 2,470 3,703 4,066
100 per cent.
Number of hours 1,454 2,904 4,358 5,808

Mr. Lidington

To ask the Secretary of State for the Home Department, (1) pursuant to his answer of 9 March 2000,Official Report, column 820W, on jury trial, what discussions he has had with (a) resident judges, (b) other circuit judges and (c) the Crown Prosecution Service regarding the requirement for resident judges and their nominated deputies to hear appeals from magistrates' decisions as to mode of trial within 48 hours, under the provisions of the Criminal Justice (Mode of Trial) (No. 2) Bill; what was the nature of those discussions; what representations he has received; and if he will make a statement; [115062]

(2) what research he has undertaken into the feasibility of resident judges hearing appeals against magistrates' decisions as to mode of trial within 48 hours under the provisions of the Criminal Justice (Mode of Trial) (No. 2) Bill; if he will place a copy of the research in the Library; and if he will make a statement. [115064]

Mr. Charles Clarke

The proposal that appeals on mode of trial should be subject to a speedy procedure with determination within 48 hours was discussed with the Senior Judiciary and the Crown Prosecution Service. No research has been undertaken on this matter and no representations have been received.