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Coroners and Justice Bill

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Coroners and Justice Bill Coroners and Justice Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Ministry of Justice, are published separately as HL Bill 33—EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Lord Bach has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Coroners and Justice Bill are compatible with the Convention rights. HL Bill 33 54/4 Coroners and Justice Bill CONTENTS PART 1 CORONERS ETC CHAPTER 1 INVESTIGATIONS INTO DEATHS Duty to investigate 1 Duty to investigate certain deaths Investigation by other coroner 2 Request for other coroner to conduct investigation 3 Direction for other coroner to conduct investigation Discontinuance of investigation 4 Discontinuance where cause of death revealed by post-mortem examination Purpose of investigation 5 Matters to be ascertained Inquests 6 Duty to hold inquest 7 Whether jury required 8 Assembling a jury 9 Determinations and findings by jury Outcome of investigation 10 Determinations and findings to be made HL Bill 33 54/4 ii Coroners and Justice Bill Certification by Secretary of State in interests of national security etc 11 Certified investigations: investigation by judge, inquest without jury 12 Intercept evidence Suspension 13 Duty or power to suspend or resume investigations Death of service personnel abroad 14 Investigation in Scotland 15 Investigation in England and Wales despite body being brought to Scotland Ancillary powers of coroners in relation to deaths 16 Post-mortem examinations 17 Power to remove body CHAPTER 2 NOTIFICATION, CERTIFICATION AND REGISTRATION OF DEATHS 18 Notification by medical practitioner to senior coroner 19 Medical examiners 20 Medical certificate of cause of death CHAPTER 3 INVESTIGATIONS CONCERNING TREASURE 21 Investigations concerning treasure CHAPTER 4 CORONER AREAS, APPOINTMENTS ETC 22 Coroner areas 23 Appointment etc of senior coroners, area coroners and assistant coroners 24 Provision of staff and accommodation CHAPTER 5 FURTHER PROVISION TO DO WITH INVESTIGATIONS AND DEATHS 25 Powers of senior coroners 26 Offences 27 Allowances, fees and expenses CHAPTER 6 GOVERNANCE ETC 28 Chief Coroner and Deputy Chief Coroners 29 Reports and advice to the Lord Chancellor from the Chief Coroner Coroners and Justice Bill iii 30 Regulations about training 31 Inspection of coroner system 32 Appeals to the Chief Coroner 33 Investigation by Chief Coroner or by judge, former judge or former coroner 34 Guidance by the Lord Chancellor CHAPTER 7 SUPPLEMENTARY Regulations and rules 35 Coroners regulations 36 Coroners rules Coroner of the Queen’s household 37 Abolition of the office of coroner of the Queen’s household Interpretation 38 “Interested person” 39 Interpretation: general Northern Ireland and Scotland amendments 40 Amendments to the Coroners Act (Northern Ireland) 1959 41 Amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 PART 2 CRIMINAL OFFENCES CHAPTER 1 MURDER, INFANTICIDE AND SUICIDE Partial defence to murder: diminished responsibility 42 Persons suffering from diminished responsibility (England and Wales) 43 Persons suffering from diminished responsibility (Northern Ireland) Partial defence to murder: loss of control 44 Partial defence to murder: loss of control 45 Meaning of “qualifying trigger” 46 Abolition of common law defence of provocation Infanticide 47 Infanticide (England and Wales) 48 Infanticide (Northern Ireland) iv Coroners and Justice Bill Suicide 49 Encouraging or assisting suicide (England and Wales) 50 Encouraging or assisting suicide (Northern Ireland) 51 Encouraging or assisting suicide: information society services CHAPTER 2 IMAGES OF CHILDREN Prohibited images 52 Possession of prohibited images of children 53 Exclusion of classified film etc 54 Defences 55 Meaning of “image” and “child” 56 Penalties 57 Entry, search, seizure and forfeiture 58 Special rules relating to providers of information society services Indecent pseudo-photographs of children 59 Indecent pseudo-photographs of children: marriage etc CHAPTER 3 OTHER OFFENCES 60 Conspiracy 61 Hatred against persons on grounds of sexual orientation PART 3 CRIMINAL EVIDENCE, INVESTIGATIONS AND PROCEDURE CHAPTER 1 ANONYMITY IN INVESTIGATIONS 62 Qualifying offences 63 Qualifying criminal investigations 64 Investigation anonymity orders 65 Applications 66 Conditions for making order 67 Appeal against refusal of order 68 Discharge of order 69 Delegation of functions 70 Public interest immunity 71 Application to armed forces 72 Interpretation of this Chapter Coroners and Justice Bill v CHAPTER 2 ANONYMITY OF WITNESSES Witness anonymity orders 73 Witness anonymity orders 74 Applications 75 Conditions for making order 76 Relevant considerations 77 Warning to jury Discharge and variation 78 Discharge or variation of order 79 Discharge or variation after proceedings 80 Discharge or variation by appeal court Service courts 81 Special provisions for service courts Public interest immunity 82 Public interest immunity The Criminal Evidence (Witness Anonymity) Act 2008 83 Power to make orders under the 2008 Act Interpretation 84 Interpretation of this Chapter CHAPTER 3 VULNERABLE AND INTIMIDATED WITNESSES Special measures for vulnerable and intimidated witnesses 85 Eligibility for special measures: age of child witnesses 86 Eligibility for special measures: offences involving weapons 87 Special measures directions for child witnesses 88 Special provisions relating to sexual offences 89 Evidence by live link: presence of supporter 90 Video recorded evidence in chief: supplementary testimony Evidence of certain accused persons 91 Examination of accused through intermediary Witnesses protected from cross-examination by accused in person 92 Age of child complainant vi Coroners and Justice Bill CHAPTER 4 LIVE LINKS 93 Directions to attend through live link 94 Answering to live link bail 95 Searches of persons answering to live link bail 96 Use of live link in certain enforcement hearings 97 Direction of registrar for appeal hearing by live link CHAPTER 5 MISCELLANEOUS Evidence by video recording 98 Effect of admission of video recording Evidence of previous complaints 99 Admissibility of evidence of previous complaints Immunity etc 100 Powers in respect of offenders who assist investigations and prosecutions Bail 101 Bail: risk of committing an offence causing injury 102 Bail decisions in murder cases to be made by Crown Court judge Unsigned indictments 103 Indictment of offenders PART 4 SENTENCING CHAPTER 1 SENTENCING COUNCIL FOR ENGLAND AND WALES Sentencing Council for England and Wales 104 Sentencing Council for England and Wales 105 Annual report Guidelines 106 Sentencing guidelines 107 Sentencing ranges 108 Allocation guidelines 109 Preparation or revision of guidelines in urgent cases Coroners and Justice Bill vii 110 Proposals by Lord Chancellor or Court of Appeal Duties of the court 111 Sentencing guidelines: duty of court 112 Determination of tariffs etc Other functions of the Council 113 Resource implications of guidelines 114 Monitoring 115 Promoting awareness 116 Resources: effect of sentencing practice 117 Resources: effect of factors not related to sentencing 118 Duty to assess impact of policy and legislative proposals Lord Chancellor’s functions 119 Assistance by the Lord Chancellor 120 Entrenchment of Lord Chancellor’s functions Miscellaneous and general 121 Abolition of existing sentencing bodies 122 Interpretation of this Chapter CHAPTER 2 OTHER PROVISIONS RELATING TO SENTENCING Driving disqualification 123 Extension of driving disqualification Dangerous offenders 124 Dangerous offenders: terrorism offences (England and Wales) 125 Dangerous offenders: terrorism offences (Northern Ireland) PART 5 MISCELLANEOUS CRIMINAL JUSTICE PROVISIONS 126 Commissioner for Victims and Witnesses 127 Implementation of E-Commerce and Services directives: penalties 128 Treatment of convictions in other member States etc 129 Transfer to Parole Board of functions under the Criminal Justice Act 1991 130 Retention of knives surrendered or seized (England and Wales) 131 Retention of knives surrendered or seized (Northern Ireland) 132 Security in tribunal buildings viii Coroners and Justice Bill PART 6 LEGAL AID Community Legal Service 133 Community Legal Service: pilot schemes 134 Excluded services: help in connection with business matters Criminal Defence Service 135 Criminal Defence Service: information requests 136 Criminal Defence Service: enforcement of order to pay cost of representation General 137 Statutory instruments relating to the Legal Services Commission PART 7 CRIMINAL MEMOIRS ETC Exploitation proceeds orders 138 Exploitation proceeds orders 139 Qualifying offenders 140 Qualifying offenders: service offences 141 Qualifying offenders: supplementary 142 Relevant offences 143 Deriving a benefit 144 Applications Exercise of power to make orders 145 Determination of applications 146 Limits on recoverable amount 147 The available amount 148 Property Additional powers 149 Effect of conviction being quashed etc 150 Powers of court on repeat applications 151 Additional proceeds reporting orders Investigations 152 Exploitation proceeds investigations 153 Functions of Serious Organised Crime Agency Limitation 154 Limitation Coroners and Justice Bill ix Interpretation 155 Interpretation of this Part PART 8 DATA PROTECTION ACT 1998 156 Assessment notices 157 Data-sharing code of practice 158 Further amendments of the Data Protection Act 1998 (c. 29) PART 9 GENERAL 159 Orders, regulations and rules
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