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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,

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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

45

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

50

 

(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.

 
 

 
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