HC Deb 11 March 2003 vol 401 cc201-2W
Mr. Marshall-Andrews

To ask the Secretary of State for the Home Department whether a trial judge sitting alone under clauses 38 and 40 of the Criminal Justice Bill will consider evidence of allegations relating to jury tampering in the absence of the defendant.[102081]

Hilary Benn

[holding answer 10 March 2003]: Evidence of allegations relating to jury tampering will be considered inter partes in accordance with standard practice. If, however, information relating to jury tampering is imparted to a judge on an ex parte public interest immunity application, it will be dealt with in accordance with current public interest immunity procedures.

Mr. Marshall-Andrews

To ask the Secretary of State for the Home Department whether a successful application by the prosecution under clauses 38 and 40 of the Criminal Justice Bill will apply to all defendants tried on the same indictment.[102083]

Hilary Benn

[holding answer 10 March 2003]: A successful application by the prosecution under clause 38, or a decision by a judge to discharge the jury and continue the trial sitting alone, or order a new trial without a jury under clause 40, would apply to all defendants tried on the same indictment. This would happen in all cases, subject to a successful application for severance of the indictment, which would be determined at the discretion of the judge.

Mr. Marshall-Andrews

To ask the Secretary of State for the Home Department how many complex or lengthy trials, as defined by clause 37 of the Criminal Justice Bill, were tried by jury trial in(a) 1999, (b) 2000 and (c) 2001; and how many were not serious fraud trials in each case.[102084]

Hilary Benn

[holding answer 10 March 2003]: The Criminal Justice Bill makes provision, in clause 37, for the prosecution to apply for certain long or complex trials to be conducted without a jury. The circumstances under which a trial can be conducted without a jury under clause 37 are likely to apply to a range of offences. It is therefore not possible to supply the statistics requested. However, the Government do not expect there to be more than 15 to 20 such trials each year.

Mr. Marshall-Andrews

To ask the Secretary of State for the Home Department whether a trial judge sitting alone under clause 37 of the Criminal Justice Bill will conduct applications relating to Public Interest Immunity in chambers in the absence of the defendant. [102082]

Hilary Benn

[holding answer 10 March 2003]: Applications for non-jury trials under clause 37 made on the basis of information imparted to the judge on an ex parte public interest immunity application will be made in accordance with current Public Interest Immunity procedures.