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Home Office
Press Release
24 February 2000
CHANGES TO NEW MODE OF TRIAL BILL ANNOUNCED
The Government today published the Criminal Justice (Mode of Trial)
(No.2) Bill with added safeguards to ensure fair treatment for
defendants.
The new Mode of Trial Bill will be introduced in the House of Commons
and takes account of concerns raised both in the House of Lords and
elsewhere.
Home Secretary Jack Straw said:
"This Bill is an important part of our drive to modernise the
criminal justice system, reduce delay and alleviate the stress
suffered by witnesses and victims. We made it clear when the Bill was
rejected by the Lords that it would be re-introduced. However, we
have listened carefully to the arguments and we have made appropriate
changes to the Bill.
"We have responded to the fears raised about the potential effects of
the provisions relating to reputation and livelihood in the original
Mode of Trial Bill. There was a perception that these provisions
might discriminate in favour of prosperous or employed defendants.
"Under the No 2 Bill, therefore, courts would consider the
circumstances of the offences but not the circumstances of the
defendant. The changes we have made would assist the courts to make
an objective judgement on whether the case should be tried in the
magistrates' courts rather than the Crown Court. It would also make
any appeals on mode of trial simpler and easier to handle.
"In addition, we have improved the safeguards relating to appeals on
mode of trial. Under the new Bill, magistrates would be required to
give reasons for their decisions. It is also our intention that such
appeals would be determined by a Resident Judge or his nominated
deputy, which will ensure greater consistency in decision-making.
"The Government is determined to reform the criminal justice system.
This measure is an important part of our programme to tackle delays,
while maintaining necessary safeguards. The Bill gives effect to a
unanimous recommendation of the 1993 Royal Commission on Criminal
Justice but with the added safeguard of the right of appeal to a
Crown Court judge. It brings our own system more into line with that
in Scotland, where defendants have never had a choice of court."
NOTES FOR EDITORS:
1. Media copies of the draft Bill are available from the Home Office
Press Office . Other copies are available from the
Home Office publications section on 0171 273 3072.
2. The Home Office issued a consultation paper Determining Mode of
Trial in Either-Way Cases in July 1998.
3. The Criminal Law Act 1977 divides offences into summary offences,
which are triable only in a magistrates court and indictable
offences. Indictable offences are subdivided into 'indictable only'
which must be tried 'on indictment' in the Crown Court and 'either
way' offences which may be tried either summarily or on indictment
(that is magistrates court or Crown Court respectively).
4. These changes were proposed by the Royal Commission on Criminal
Justice and the Narey Review of Delay in the Criminal Justice System
in 1997, and were more recently supported by the Lord Chief Justice
Lord Bingham.
5. As a result of the provisions in the Bill, a reduction of around
14,000 Crown Court trials per year is estimated. The net result
savings to the criminal justice system is about £128 million -
assuming that the changes to the Bill would affect approximately
2,000 cases with a net increase in savings of about £20 million.
