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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 Bill 9—EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Secretary Jack Straw 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. Bill 9 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 6Duty 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 Bill 9 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 Discontinuance of certification 13 Intercept evidence Suspension 14 Duty or power to suspend or resume investigations Ancillary powers of coroners in relation to deaths 15 Post-mortem examinations 16 Power to remove body CHAPTER 2 NOTIFICATION, CERTIFICATION AND REGISTRATION OF DEATHS 17 Notification by medical practitioner to senior coroner 18 Medical examiners 19 Medical certificate of cause of death CHAPTER 3 INVESTIGATIONS CONCERNING TREASURE 20 Investigations concerning treasure CHAPTER 4 CORONER AREAS, APPOINTMENTS ETC 21 Coroner areas 22 Appointment etc of senior coroners, area coroners and assistant coroners 23 Provision of staff and accommodation CHAPTER 5 FURTHER PROVISION TO DO WITH INVESTIGATIONS AND DEATHS 24 Powers of senior coroners 25 Offences 26 Allowances, fees and expenses CHAPTER 6 GOVERNANCE ETC 27 Chief Coroner and Deputy Chief Coroners 28 Regulations about training 29 Inspection of coroner system 30 Appeals to the Chief Coroner 31 Investigation by Chief Coroner or by judge at Chief Coroner’s invitation 32 Guidance by the Lord Chancellor Coroners and Justice Bill iii CHAPTER 7 SUPPLEMENTARY Regulations and rules 33 Coroners regulations 34 Coroners rules Coroner of the Queen’s household 35 Abolition of the office of coroner of the Queen’s household Interpretation 36 “Interested person” 37 Interpretation: general Northern Ireland amendments 38 Amendments to the Coroners Act (Northern Ireland) 1959 PART 2 CRIMINAL OFFENCES CHAPTER 1 MURDER, INFANTICIDE AND SUICIDE Partial defence to murder: diminished responsibility 39 Persons suffering from diminished responsibility (England and Wales) 40 Persons suffering from diminished responsibility (Northern Ireland) Partial defence to murder: loss of control 41 Partial defence to murder: loss of control 42 Meaning of “qualifying trigger” 43 Abolition of common law defence of provocation Infanticide 44 Infanticide (England and Wales) 45 Infanticide (Northern Ireland) Suicide 46 Encouraging or assisting suicide (England and Wales) 47 Encouraging or assisting suicide (Northern Ireland) 48 Encouraging or assisting suicide: information society services iv Coroners and Justice Bill CHAPTER 2 IMAGES OF CHILDREN Prohibited images 49 Possession of prohibited images of children 50 Exclusion of classified film etc 51 Defences 52 Meaning of “image” and “child” 53 Penalties 54 Entry, search, seizure and forfeiture 55 Special rules relating to providers of information society services Indecent pseudo-photographs of children 56 Indecent pseudo-photographs of children: marriage etc CHAPTER 3 OTHER OFFENCES 57 Conspiracy 58 Hatred against persons on grounds of sexual orientation PART 3 CRIMINAL EVIDENCE, INVESTIGATIONS AND PROCEDURE CHAPTER 1 ANONYMITY IN INVESTIGATIONS 59 Qualifying offences 60 Qualifying criminal investigations 61 Investigation anonymity orders 62 Applications 63 Conditions for making order 64 Appeal against refusal of order 65 Discharge of order 66 Delegation of functions 67 Application to armed forces 68 Interpretation CHAPTER 2 ANONYMITY OF WITNESSES Witness anonymity orders 69 Witness anonymity orders 70 Applications 71 Conditions for making order 72 Relevant considerations Coroners and Justice Bill v 73 Warning to jury Discharge and variation 74 Discharge or variation of order 75 Discharge or variation after proceedings 76 Discharge or variation by appeal court Service courts 77 Special provisions for service courts Public interest immunity 78 Public interest immunity The Criminal Evidence (Witness Anonymity) Act 2008 79 Power to make orders under the 2008 Act Interpretation 80 Interpretation CHAPTER 3 VULNERABLE AND INTIMIDATED WITNESSES Special measures for vulnerable and intimidated witnesses 81 Eligibility for special measures: age of child witnesses 82 Eligibility for special measures: offences involving weapons 83 Special measures directions for child witnesses 84 Special provisions relating to sexual offences 85 Evidence by live link: presence of supporter 86 Video recorded evidence in chief: supplementary testimony Evidence of certain accused persons 87 Examination of accused through intermediary Witnesses protected from cross-examination by accused in person 88 Age of child complainant CHAPTER 4 LIVE LINKS 89 Directions to attend through live link 90 Answering to live link bail 91 Searches of persons answering to live link bail 92 Use of live link in certain enforcement hearings 93 Direction of registrar for appeal hearing by live link vi Coroners and Justice Bill CHAPTER 5 MISCELLANEOUS Evidence by video recording 94 Effect of admission of video recording Evidence of previous complaints 95 Admissibility of evidence of previous complaints Immunity etc 96 Powers in respect of offenders who assist investigations and prosecutions Bail 97 Bail: risk of committing an offence causing injury 98 Bail decisions in murder cases to be made by Crown Court judge Unsigned indictments 99 Indictment of offenders PART 4 SENTENCING CHAPTER 1 SENTENCING COUNCIL FOR ENGLAND AND WALES Sentencing Council for England and Wales 100 Sentencing Council for England and Wales 101 Annual report Guidelines 102 Sentencing guidelines 103 Sentencing ranges 104 Allocation guidelines 105 Preparation or revision of guidelines in urgent cases 106 Proposals by Lord Chancellor or Court of Appeal Duties of the court 107 Sentencing guidelines: duty of court 108 Determination of tariffs etc Other functions of the Council 109 Resource implications of guidelines Coroners and Justice Bill vii 110 Monitoring 111 Promoting awareness 112 Resources: effect of sentencing practice 113 Resources: effect of factors not related to sentencing 114 Duty to assess impact of policy and legislative proposals Lord Chancellor’s functions 115 Assistance by the Lord Chancellor 116 Entrenchment of Lord Chancellor’s functions Miscellaneous and general 117 Abolition of existing sentencing bodies 118 Interpretation of this Chapter CHAPTER 2 OTHER PROVISIONS RELATING TO SENTENCING Driving disqualification 119 Extension of driving disqualification Dangerous offenders 120 Dangerous offenders: terrorism offences (England and Wales) 121 Dangerous offenders: terrorism offences (Northern Ireland) PART 5 MISCELLANEOUS CRIMINAL JUSTICE PROVISIONS 122 Commissioner for Victims and Witnesses 123 Implementation of E-Commerce and Services directives: penalties 124 Treatment of convictions in other member States etc 125 Retention of knives surrendered or seized (England and Wales) 126 Retention of knives surrendered or seized (Northern Ireland) 127 Security in tribunal buildings PART 6 LEGAL AID Community Legal Service 128 Community Legal Service: pilot schemes 129 Excluded services: help in connection with business matters Criminal Defence Service 130 Criminal Defence Service: information requests 131 Criminal Defence Service: enforcement of order to pay cost of representation viii Coroners and Justice Bill General 132 Statutory instruments relating to the Legal Services Commission PART 7 CRIMINAL MEMOIRS ETC Exploitation proceeds orders 133 Exploitation proceeds orders 134 Qualifying offenders 135 Qualifying offenders: service offences 136 Qualifying offenders: supplementary 137 Relevant offences 138 Deriving a benefit 139 Applications Exercise of power to make orders 140 Determination of applications 141 Limits on recoverable amount 142 The available amount 143 Property Additional powers 144 Effect of conviction being quashed etc 145 Powers of court on repeat applications 146 Additional proceeds reporting orders Investigations 147 Exploitation proceeds investigations 148 Functions of Serious Organised Crime Agency Limitation 149 Limitation Interpretation 150 Interpretation of this Part PART 8 DATA PROTECTION ACT 1998 (C. 29) 151 Assessment notices 152 Information sharing 153 Data-sharing code of practice 154 Further amendments of the Data Protection Act 1998 (c. 29) Coroners and Justice Bill ix PART 9 GENERAL 155 Orders, regulations and rules 156 Consequential etc amendments and transitional and saving provisions 157 Repeals 158 Financial provision 159 Effect of amendments to criminal justice provisions applied for purposes of service law 160 Extent 161 Commencement 162 Short title Schedule 1 — Duty or power to suspend or resume investigations Part 1 — Suspension of investigations Part 2 — Resumption of investigations
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