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New report calls for fact-finders in court to help jurors

Marie Woolf,Robert Verkaik
Saturday 06 October 2001 00:00 BST

Independent fact-finders should be deployed in the courtroom to help juries in complicated cases, including fraud trials, a government report has recommended.

The fact-finders would be directed by the judge to explain to the jury technical, financial and forensic evidence, says the review by Lord Justice Auld, which will be published on Monday.

The proposal, if adopted by the Government, would end a long-running debate about how best to conduct serious fraud trials. Senior prosecutors have argued that lay juries should be replaced by a panel of professional assessors who can understand complicated financial information.

But Lord Justice Auld's recommendation reflects his deep-seated commitment to the jury system, where people are tried by their peers rather than by appointed experts.

The report also sets out plans to cut the amount of time between the arrest and sentencing of defendants.

It says ministers should also consider allowing courts to open for longer hours, clearing the way for night courts. Some minor offences, such as failing to pay council tax or TV licences, should be decriminalised and replaced by fines to help unclog the courts, the Court of Appeal judge says.

The report also outlines proposals to reduce the ability of lawyers to string out a trial, with tough deadlines for bringing a case to court. By reducing the number of hours a trial takes, the proposals will also cut the fees lawyers can charge for each case.

The report, which was sent to ministers including the Lord Chancellor, Lord Irvine of Lairg, last month, includes 300 recommendations, to form the basis of a consultation paper.

The report is also expected to include new provisions for judges to order a retrial over "perverse" jury verdicts, and a three-tier court system where magistrates would enjoy greater sentencing powers.

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