Judge-alone trials in new Criminal Justice Bill

Following Lord Auld’s recommendations last year and a UK Government White Paper, “Justice for All”, this July, the new Criminal Justice Bill includes provision for trial by a judge sitting alone in cases of serious fraud. Defendants would be able to apply to a Crown Court judge for a judge-alone trial. The Bill provides that in cases when two or more defendants were to be tried and any opposed the application for a judge-alone trial, it would have to be refused. It would also have to be turned down if any of the defendants was currently, or had been, employed in the civil or criminal justice system and should he be convicted, it would cast doubt on his previous conduct in and suitability for the role. Similarly, if matters arising for determination in the course of the trial were to include the integrity of the administration of civil or criminal justice, the Crown Court judge would have to refuse the application for a judge-alone trial. He could also decide in favour of a jury trial if he considered that other exceptional circumstances obtained and it was in the public interest.