Commentary on Sections Part 7 : Trials on Indictment Without a Jury Section 43: Application by prosecution for certain fraud trials to be conducted without a jury
248.Section 43 makes provision for the prosecution to apply for a serious or complex fraud trial on indictment in the Crown Court to proceed in the absence of a jury. The court would need to be satisfied that the length or complexity (or both) of the trial is likely to make it so burdensome upon the jury that the interests of justice require serious consideration to be given to conducting the trial without a jury (subsection (5)). Where the court is so satisfied, it has a discretion to order that the trial should be conducted without a jury, but such an order requires the approval of the Lord Chief Justice or a judge nominated by him (subsection (4)).
249.Subsections (6) and (7) require the judge to consider whether there is anything that can reasonably be done to make the trial less complex and lengthy. Particularly relevant in this context will be the provision made for the preparatory hearing procedure under section 7 of the Criminal Justice Act 1987 or section 29 of the Criminal Procedure and Investigations Act 1996. However, in so doing the court is not to regard as reasonable any measures which would significantly disadvantage the prosecution. For example, the prosecution may be disadvantaged by the severing of an indictment or by the exclusion of relevant and important evidence simply on jury management grounds.
250.Commencement of section 43 is by affirmative resolution procedure (see section 330(5)).