Counter-Terrorism Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
46

65
Specially appointed coroners
(1)
After section 18 of the Coroners Act 1988 (c. 13) insert—
“Inquests: specially appointed coroners
18A
Appointment of specially appointed coroners
(1)
If the Secretary of State issues a certificate under section 8A in relation
5
to an inquest, the Secretary of State may appoint a person (a “specially
appointed coroner”) to hold the inquest.
(2)
A person may not be appointed under this section unless the person—
(a)
is a coroner, or
(b)
would be qualified under section 2(1) to be appointed as
10
coroner.
(3)
A specially appointed coroner may be appointed under this section—
(a)
in relation to an inquest that has not begun, or
(b)
in relation to an inquest that has begun, at any time before its
conclusion.
15
(4)
An appointment may be made under this section whether the person
who would be required to hold the inquest apart from the appointment
would have jurisdiction to do so by virtue of—
(a)
the fact that the body of the deceased is lying in that person’s
district,
20
(b)
an order of the High Court under section 13 (order to hold
inquest),
(c)
an agreement or direction by the Secretary of State under
section 14 (inquest out of jurisdiction),
(d)
a direction by the Secretary of State under section 15 (inquest
25
where body destroyed or irrecoverable), or
(e)
a previous appointment under this section.
18B
Effect of appointment of specially appointed coroner
(1)
Where a specially appointed coroner is appointed under section 18A to
hold an inquest—
30
(a)
the specially appointed coroner, and not the person who would
be required to hold the inquest apart from the appointment, has
jurisdiction to hold the inquest and must hold it accordingly,
and
(b)
the person who would otherwise be required to hold the
35
inquest ceases to have any powers or duties in relation to the
inquest or the body of the deceased.
(2)
If the inquest has begun—
(a)
the specially appointed coroner must proceed in all respects as
if the inquest had not previously begun, and
40
(b)
the provisions of this Act apply accordingly as if that were the
case.
(3)
In relation to the inquest and the body of the deceased, the specially
appointed coroner—
(a)
has the same jurisdiction and powers,
45

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
47

(b)
is subject to the same obligations, liabilities and
disqualifications, and
(c)
generally is subject to the provisions of this Act and to the law
relating to coroners and coroners’ inquests in the same manner,

as if the specially appointed coroner were the coroner for the original
5
coroner’s district.

This is subject to provision made by regulations under subsection (4).
(4)
The Secretary of State may by regulations made by statutory
instrument provide for this Act and the law relating to coroners and
coroners’ inquests to have effect in relation to specially appointed
10
coroners with such modifications as may be specified in the
regulations.
(5)
A statutory instrument containing regulations under subsection (4) is
subject to annulment in pursuance of a resolution of either House of
Parliament.
15
(6)
The Secretary of State may pay a specially appointed coroner such
remuneration and allowances as the Secretary of State thinks fit.
(7)
In this section and section 18C “the original coroner”, in relation to an
inquest, means the coroner who would have jurisdiction to hold the
inquest if no appointment had been made under section 18A in relation
20
to it.
18C
Revocation of appointment of specially appointed coroner
(1)
The Secretary of State may revoke the appointment of a specially
appointed coroner to hold an inquest—
(a)
if the Secretary of State considers that the specially appointed
25
coroner is unable to hold, or to continue to hold, the inquest,
(b)
on the grounds of the specially appointed coroner’s
misbehaviour, or
(c)
if the Secretary of State revokes the certificate issued under
section 8A in relation to the inquest.
30
(2)
Where the Secretary of State acts under subsection (1)(a) or (b) the
Secretary of State must make a further appointment under section 18A.
(3)
Where the Secretary of State acts under subsection (1)(c)—
(a)
the original coroner, and not the specially appointed coroner,
has jurisdiction to hold the inquest and must hold it
35
accordingly, and
(b)
the specially appointed coroner ceases to have any powers or
duties in relation to the inquest or the body of the deceased.
(4)
If the inquest has begun—
(a)
the original coroner must proceed in all respects as if the inquest
40
had not previously begun, and
(b)
the provisions of this Act apply accordingly as if that were the
case.”.
(2)
This section has effect in relation to inquests that have begun, but have not
been concluded, before the day on which it comes into force as well as to
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inquests beginning on or after that day.

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
48

66
Inquiries: intercept evidence
(1)
In section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23)
(exceptions to exclusion of intercepted communications etc from legal
proceedings), in subsection (7), for paragraph (c) substitute—
“(c)
a disclosure to the panel of an inquiry held under the Inquiries
5
Act 2005 or to a person appointed as counsel to such an inquiry
where, in the course of the inquiry, the panel has ordered the
disclosure to be made to the panel alone or (as the case may be)
to the panel and the person appointed as counsel to the inquiry;
or”.
10
(2)
This section has effect in relation to inquiries under the Inquiries Act 2005
(c. 12) that have begun, but have not come to an end, before the day on which
it comes into force as well as to such inquiries beginning or on after that day.
(3)
Section 14 of the Inquiries Act 2005 (end of inquiry) has effect for determining
when an inquiry under that Act comes to an end for those purposes.
15
67
Inquests: intercept evidence
(1)
In section 18(7) of the Regulation of Investigatory Powers Act 2000, after
paragraph (c) insert—
“(d)
a disclosure to a coroner or to a person appointed as counsel to
an inquest where—
20
(i)
the Secretary of State has issued a certificate under
section 8A of the Coroners Act 1988 (certificate requiring
inquest to be held without a jury) in relation to the
inquest, and
(ii)
the coroner has ordered the disclosure to be made to the
25
coroner alone or (as the case may be) to the coroner and
the person appointed as counsel to the inquest.”.
(2)
In that section, after subsection (8A) insert—
“(8B)
A coroner shall not order a disclosure under subsection (7)(d) except
where the coroner is satisfied that the exceptional circumstances of the
30
case make the disclosure essential to enable the matters that are
required to be ascertained by the inquest to be ascertained.”.
(3)
In that section, after subsection (11) insert—
“(11A)
In relation to an inquest held or to be held by a specially appointed
coroner appointed under section 18A of the Coroners Act 1988,
35
references in this section to the coroner are to the specially appointed
coroner.”.
(4)
This section has effect in relation to inquests that have begun, but have not
been concluded, before the day on which it comes into force as well as to
inquests beginning on or after that day.
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Counter-Terrorism Bill
Part 7 — Miscellaneous
49

Part 7
Miscellaneous
Amendment of definition of “terrorism” etc
68
Amendment of definition of “terrorism” etc
(1)
In the provisions listed below (which define “terrorism”, or make similar
5
provision, and require that the use or threat of action is made for the purpose
of advancing a political, religious or ideological cause), after “religious” insert
“, racial”.
(2)
The provisions are—
(a)
section 1(1)(c) of the Terrorism Act 2000 (c. 11),
10
(b)
section 113A(2) of the Anti-terrorism, Crime and Security Act 2001 (c
24),
(c)
paragraph 4(2)(c) of Schedule 21 to the Criminal Justice Act 2003 (c. 44),
(d)
Article 2(3)(c) of the Terrorism (United Nations Measures) Order 2006
(SI 2006/2657),
15
(e)
Article 4(1)(c) of the Anti-terrorism (Financial and Other Measures)
(Overseas Territories) Order 2002 (SI 2002/1822),
(f)
Article 2(1)(a)(iii) of the Terrorism (United Nations Measures)
(Overseas Territories) Order 2001 (SI 2001/3366),
(g)
Article 3(1) of the Terrorism (United Nations Measures) (Isle of Man)
20
Order 2001 (SI 2001/3364),
(h)
Article 3(1) of the Terrorism (United Nations Measures) (Channel
Islands) Order 2001 (SI 2001/3363).
Terrorist offences
69
Offences relating to information about members of armed forces
25
(1)
After section 58 of the Terrorism Act 2000 (collection of information) insert—
“58A
Eliciting, publishing or communicating information about members
of armed forces
(1)
A person commits an offence who—
(a)
elicits or attempts to elicit information about a person who is or
30
has been a member of Her Majesty’s Forces which is of a kind
likely to be useful to a person committing or preparing an act of
terrorism, or
(b)
publishes or communicates information of that kind.
(2)
It is a defence for a person charged with an offence under this section
35
to prove that they had a reasonable excuse for their action.
(3)
A person guilty of an offence under this section is liable—
(a)
on conviction on indictment, to imprisonment for a term not
exceeding 10 years or to a fine, or to both;
(b)
on summary conviction—
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Counter-Terrorism Bill
Part 7 — Miscellaneous
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(i)
in England and Wales or Scotland, to imprisonment for
a term not exceeding 12 months or to a fine not
exceeding the statutory maximum, or to both;
(ii)
in Northern Ireland, to imprisonment for a term not
exceeding 6 months or to a fine not exceeding the
5
statutory maximum, or to both.”.
(2)
In the application of section 58A in England and Wales in relation to an offence
committed before the commencement of section 154(1) of the Criminal Justice
Act 2003 (c. 44) the reference in subsection (3)(b)(i) to 12 months is to be read as
a reference to 6 months.
10
(3)
In section 118 of the Terrorism Act 2000 (c. 11) (defences), in subsection (5)(a)
after “58,” insert “58A,”.
70
Terrorist property: disclosure of information about possible offences
(1)
Part 3 of the Terrorism Act 2000 (c. 11) (terrorist property) is amended as
follows.
15
(2)
In section 19(1) (duty to disclose belief or suspicion that offence committed), in
paragraph (b) for “comes to his attention in the course of a trade, profession,
business or employment” substitute—

“comes to his attention—
(i)
in the course of a trade, profession or business, or
20
(ii)
in the course of his employment (whether or not in the
course of a trade, profession or business).”.
(3)
After section 22 insert—
“22A
Meaning of “employment”
In sections 19 to 21B—
25
(a)
“employment” means any employment (whether paid or
unpaid) and includes—
(i)
work under a contract for services or as an office-holder,
(ii)
work experience provided pursuant to a training course
or programme or in the course of training for
30
employment, and
(iii)
voluntary work;
(b)
“employer” has a corresponding meaning.”.
(4)
So far as the amendment in subsection (3) above extends any provision of
sections 19 to 21B of the Terrorism Act 2000 involving belief or suspicion to
35
cases to which that provision did not previously apply, that provision applies
where the belief or suspicion is held after subsection (3) above comes into force
even if based on information that came to the person’s attention before that
subsection was in force.

In any such case sections 19(2), 21(3) and 21A(4) of that Act (duty to make
40
disclosure as soon as is reasonably practicable) are to be read as requiring the
person to act as soon as is reasonably practicable after subsection (3) above
comes into force.