Criminal Justice (Mode of Trial) (No. 2) Bill — 25 Jul 2000

Not amended in the Standing Committee, again considered.

Question again proposed, That the amendment be made.

(1) The court shall consider whether the offence

(2) For the purpose of subsection (1) above the court shall consider--

(a) the nature of the case;

(b) any of the circumstances of the offence (but not of the accused) which appears to the court to be relevant; and

(c) whether, having regard to the matters to be considered under paragraph (b), the punishment which a magistrates' court would have power to impose for the offence would be adequate.

whether in all circumstances of the case a denial of jury trial would impinge upon the rights not only of the accused but also of the community at large to have the matter considered and adjudicated by a jury.

any of the circumstances of the offence (but not of the accused) . . .

the nature of the case.

There will be safeguards, including a requirement on magistrates to consider the effect of conviction on a defendant's reputation and livelihood when considering the mode of trial.

The controversial provision for the court to consider reputation and livelihood, which discriminated in favour of those with apparently good character has been removed; but this is likely to lead to more cases being retained by magistrates. It should be also noted that the new criteria are likely to lead to a new, and diametrically opposite, discrimination. Sentences are likely to be higher in respect of people with previous criminal convictions, who may therefore be outside the court's sentencing powers.

That leads to the question whether we trust magistrates more than judges. I shall not beat around the bush: I trust a judge and jury more than I trust the Bench.--[ Official Report, Standing Committee D , 25 May 2000; c. 35.]

It being five hours after the commencement of proceedings on the allocation of time motion, Mr. Deputy Speaker , pursuant to Order [this day], put forthwith the Question already proposed from the Chair.

Amendment negatived.

Question put, That the Bill be now read the Third time:--

The House divided: Ayes 282, Noes 199.

Historical Hansard | Online Hansard |