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Coroners and Justice Bill

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Coroners and Justice Bill Coroners and Justice Bill [AS AMENDED ON REPORT] 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 Regulation of investigatory powers 6 Information for requests 7 Amendment to the Regulation of Investigatory Powers Act 2000 Inquests 8 Duty to hold inquest 9 Whether jury required 10 Assembling a jury 11 Determinations and findings by jury HL Bill 77 54/4 ii Coroners and Justice Bill Outcome of investigation 12 Determinations and findings to be made 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 21 National Medical Examiner CHAPTER 3 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 4 INVESTIGATIONS CONCERNING TREASURE 25 Coroner for Treasure and Assistant Coroners for Treasure 26 Investigations concerning treasure 27 Inquests concerning treasure 28 Outcome of investigations concerning treasure 29 Exception to duty to investigate 30 Code of practice under the Treasure Act 1996 CHAPTER 5 FURTHER PROVISION TO DO WITH INVESTIGATIONS AND DEATHS 31 Powers of coroners 32 Offences 33 Allowances, fees and expenses Coroners and Justice Bill iii CHAPTER 6 GOVERNANCE ETC 34 Chief Coroner and Deputy Chief Coroners 35 Reports and advice to the Lord Chancellor from the Chief Coroner 36 Regulations about training 37 Medical Adviser and Deputy Medical Advisers to the Chief Coroner 38 Inspection of coroner system 39 Appeals to the Chief Coroner 40 Investigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coroner 41 Guidance by the Lord Chancellor CHAPTER 7 SUPPLEMENTARY Regulations and rules 42 Coroners regulations 43 Treasure regulations 44 Coroners rules Coroner of the Queen’s household 45 Abolition of the office of coroner of the Queen’s household Interpretation 46 “Interested person” 47 Interpretation: general Northern Ireland and Scotland amendments 48 Amendments to the Coroners Act (Northern Ireland) 1959 49 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 50 Persons suffering from diminished responsibility (England and Wales) 51 Persons suffering from diminished responsibility (Northern Ireland) iv Coroners and Justice Bill Partial defence to murder: loss of control 52 Partial defence to murder: loss of control 53 Meaning of “qualifying trigger” 54 Abolition of common law defence of provocation Infanticide 55 Infanticide (England and Wales) 56 Infanticide (Northern Ireland) Suicide 57 Encouraging or assisting suicide (England and Wales) 58 Encouraging or assisting suicide (Northern Ireland) 59 Encouraging or assisting suicide: information society services CHAPTER 2 IMAGES OF CHILDREN Prohibited images 60 Possession of prohibited images of children 61 Exclusion of classified film etc 62 Defences 63 Meaning of “image” and “child” 64 Penalties 65 Entry, search, seizure and forfeiture 66 Special rules relating to providers of information society services Indecent pseudo-photographs of children 67 Indecent pseudo-photographs of children: marriage etc CHAPTER 3 OTHER OFFENCES 68 Genocide, crimes against humanity and war crimes 69 Conspiracy 70 Abolition of common law libel offences etc PART 3 CRIMINAL EVIDENCE, INVESTIGATIONS AND PROCEDURE CHAPTER 1 ANONYMITY IN INVESTIGATIONS 71 Qualifying offences 72 Qualifying criminal investigations 73 Investigation anonymity orders 74 Applications Coroners and Justice Bill v 75 Conditions for making order 76 Appeal against refusal of order 77 Discharge of order 78 Delegation of functions 79 Public interest immunity 80 Application to armed forces 81 Interpretation of this Chapter CHAPTER 2 ANONYMITY OF WITNESSES Witness anonymity orders 82 Witness anonymity orders 83 Applications 84 Conditions for making order 85 Relevant considerations 86 Warning to jury Discharge and variation 87 Discharge or variation of order 88 Discharge or variation after proceedings 89 Discharge or variation by appeal court Service courts 90 Special provisions for service courts Public interest immunity 91 Public interest immunity The Criminal Evidence (Witness Anonymity) Act 2008 92 Power to make orders under the 2008 Act Interpretation 93 Interpretation of this Chapter CHAPTER 3 VULNERABLE AND INTIMIDATED WITNESSES Special measures for vulnerable and intimidated witnesses 94 Eligibility for special measures: age of child witnesses 95 Eligibility for special measures: offences involving weapons 96 Special measures directions for child witnesses 97 Special provisions relating to sexual offences 98 Evidence by live link: presence of supporter 99 Video recorded evidence in chief: supplementary testimony vi Coroners and Justice Bill Evidence of certain accused persons 100 Examination of accused through intermediary Witnesses protected from cross-examination by accused in person 101 Age of child complainant CHAPTER 4 LIVE LINKS 102 Directions to attend through live link 103 Answering to live link bail 104 Searches of persons answering to live link bail 105 Use of live link in certain enforcement hearings 106 Direction of registrar for appeal hearing by live link CHAPTER 5 MISCELLANEOUS Evidence by video recording 107 Effect of admission of video recording Evidence of previous complaints 108 Admissibility of evidence of previous complaints Immunity etc 109 Powers in respect of offenders who assist investigations and prosecutions Bail 110 Bail: risk of committing an offence causing injury 111 Bail decisions in murder cases to be made by Crown Court judge Unsigned indictments 112 Indictment of offenders Detention and treatment of terrorist suspects 113 Independent Commissioner for Terrorist Suspects Coroners and Justice Bill vii PART 4 SENTENCING CHAPTER 1 SENTENCING COUNCIL FOR ENGLAND AND WALES Sentencing Council for England and Wales 114 Sentencing Council for England and Wales 115 Annual report Guidelines 116 Sentencing guidelines 117 Sentencing ranges 118 Allocation guidelines 119 Preparation or revision of guidelines in urgent cases 120 Proposals by Lord Chancellor or Court of Appeal Duties of the court 121 Sentencing guidelines: duty of court 122 Determination of tariffs etc Other functions of the Council 123 Resource implications of guidelines 124 Monitoring 125 Promoting awareness 126 Resources: effect of sentencing practice 127 Resources: effect of factors not related to sentencing 128 Duty to assess impact of policy and legislative proposals Lord Chancellor’s functions 129 Assistance by the Lord Chancellor 130 Entrenchment of Lord Chancellor’s functions Miscellaneous and general 131 Abolition of existing sentencing bodies 132 Interpretation of this Chapter CHAPTER 2 OTHER PROVISIONS RELATING TO SENTENCING Driving disqualification 133 Extension of driving disqualification viii Coroners and Justice Bill Dangerous offenders 134 Dangerous offenders: terrorism offences (England and Wales) 135 Dangerous offenders: terrorism offences (Northern Ireland) Confiscation orders 136 Appeals against certain confiscation orders (England and Wales) 137 Appeals against certain confiscation orders (Northern Ireland) PART 5 MISCELLANEOUS CRIMINAL JUSTICE PROVISIONS 138 Commissioner for Victims and Witnesses 139 Implementation of E-Commerce and Services directives: penalties 140 Treatment of convictions in other member States etc 141 Transfer to Parole Board of functions under the Criminal Justice Act 1991 142 Retention of knives surrendered or seized (England and Wales) 143 Retention of knives surrendered or seized (Northern Ireland) 144 Security in tribunal buildings PART 6 LEGAL AID Community Legal Service 145 Community Legal Service: pilot schemes 146 Excluded services: help in connection with business matters Criminal Defence Service 147 Criminal Defence Service: information requests 148 Criminal Defence Service: enforcement of order to pay cost of representation General 149 Statutory instruments relating to the Legal Services Commission PART 7 CRIMINAL MEMOIRS ETC Exploitation proceeds orders 150 Exploitation proceeds orders 151 Qualifying offenders 152 Qualifying offenders: service offences 153 Qualifying offenders: supplementary 154 Relevant offences 155 Deriving a benefit 156 Applications Coroners and Justice Bill ix Exercise of power to make orders 157 Determination of applications 158 Limits on recoverable amount 159 The available amount 160 Property Additional powers 161 Effect of conviction being quashed etc 162 Powers of court on repeat applications 163 Additional proceeds reporting orders Investigations 164 Exploitation proceeds investigations 165 Functions of Serious Organised Crime Agency Limitation 166 Limitation Interpretation
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