Coroners and Justice Bill

House of Commons

Session 2008 - 09
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Coroners and Justice Bill

Coroners and Justice Bill
Schedule 6 — Allowances, fees and expenses
Part 2 — Allowances payable to witnesses
132

Schedule 6
Section 26

Allowances, fees and expenses
Part 1
Allowances payable to jurors
1
A person who serves as a juror at an inquest is entitled, in respect of
5
attending the inquest, to receive payments by way of allowance—
(a)
for travelling and subsistence;
(b)
for financial loss.

This is subject to any conditions prescribed by regulations.
2
But a person is entitled to receive payments by way of allowance for
10
financial loss only if, in consequence of attending the inquest, the person
has—
(a)
incurred expenses (other than on travelling and subsistence) that he
or she would otherwise not have incurred,
(b)
suffered a loss of earnings that he or she would otherwise not have
15
suffered, or
(c)
suffered a loss of benefit under the enactments relating to social
security that he or she would otherwise not have suffered.
3
Regulations may prescribe the rates of any allowances payable under
paragraph 1.
20
4
The amount due to a person under paragraph 1 is to be calculated by the
senior coroner and paid by (or on behalf of) the senior coroner.
Part 2
Allowances payable to witnesses
5     (1)
Regulations may prescribe the allowances that may be paid by (or on behalf
25
of) senior coroners—
(a)
to witnesses;
(b)
to persons who produce documents or things by virtue of paragraph
1(1) or (1) of Schedule 4;
(c)
to persons who provide evidence in the form of a written statement
30
by virtue of paragraph 1(2)(a) of that Schedule.
      (2)
In this paragraph “witness” means a person properly attending before a
senior coroner to give evidence at an inquest or in connection with the
possibility of doing so (whether or not the person actually gives evidence),
but does not include—
35
(a)
a police officer, or a member of a service police force, attending in his
or her capacity as such;
(b)
a full-time officer of an institution to which the Prison Act 1952 (c. 52)
applies in his or her capacity as such;
(c)
a prisoner in respect of an occasion on which he or she is conveyed
40
in custody to appear before a senior coroner.

Coroners and Justice Bill
Schedule 6 — Allowances, fees and expenses
Part 4 — Meeting or reimbursing expenses
133

Part 3
Miscellaneous fees, allowances and expenses
6
Regulations may prescribe the fees and allowances that may be paid by (or
on behalf of) senior coroners to persons who make examinations under
section 15.
5
7     (1)
A relevant authority for a coroner area may issue a schedule of the fees,
allowances and expenses that may be lawfully paid or incurred by the senior
coroner for the area in the performance of the coroner’s functions.
      (2)
The power under sub-paragraph (1) includes power to amend or revoke any
schedule issued.
10
      (3)
In exercising the power under sub-paragraph (1) a relevant authority must
have regard to any guidance from time to time issued by the Lord
Chancellor.
      (4)
A copy of any schedule that is issued or amended must be given to the senior
coroner.
15
      (5)
The reference in sub-paragraph (1) to fees and allowances does not include
fees or allowances within any of the preceding paragraphs of this Schedule.
8
Regulations may prescribe the fees payable to coroners for supplying copies
of documents in their custody relating to investigations or inquests under
this Part of this Act that they are conducting or have conducted.
20
Part 4
Meeting or reimbursing expenses
9     (1)
Regulations may make provision for or in connection with meeting or
reimbursing—
(a)
expenses incurred by senior coroners (including expenses incurred under or
25
by virtue of paragraph 4, 5 or 6);
(b)
expenses incurred by area coroners and assistant coroners;
(c)
expenses incurred by virtue of Schedule 8 in the conduct of an investigation
by the Chief Coroner or by a judge.
      (2)
The regulations may make provision—
30
(a)
for accounts or evidence relating to expenses to be provided to
relevant authorities;
(b)
for or in connection with the meeting or reimbursement by relevant
authorities of expenses of a description specified in the regulations;
(c)
for or in connection with appeals relating to decisions with respect to
35
meeting or reimbursing expenses.

This sub-paragraph is not to be read as limiting the power in sub-paragraph
(1).

Coroners and Justice Bill
Schedule 7 — Chief Coroner and Deputy Chief Coroners
134

Part 5
Supplemental
10
For the purposes of paragraph 1, a person who attends for service as a juror
in accordance with a summons is to be treated as serving as a juror even if
he or she is not sworn.
5
11    (1)
The power to make regulations under this Schedule is exercisable by the
Lord Chancellor.
      (2)
Regulations under this Schedule may be made only if—
(a)
the Lord Chief Justice, or
(b)
a judicial office holder (as defined in section 109(4) of the
10
Constitutional Reform Act 2005 (c. 4)) nominated for the purposes of
this sub-paragraph by the Lord Chief Justice,

agrees to the making of the regulations.
Schedule 7
Section 27

Chief Coroner and Deputy Chief Coroners
15
Qualifications and term of office
1     (1)
To be eligible for appointment as the Chief Coroner or as a Deputy Chief
Coroner a person must be—
(a)
a judge of the High Court or a Circuit judge, and
(b)
under the age of 70.
20
      (2)
The appointment of a person as the Chief Coroner or as a Deputy Chief
Coroner is to be for a term decided by the Lord Chief Justice after consulting
the Lord Chancellor.

The term must be one that expires before the person’s 70th birthday.
      (3)
In this paragraph “appointment” includes re-appointment.
25
Resignation or removal
2     (1)
The Chief Coroner or a Deputy Chief Coroner may resign from office by
giving notice in writing to the Lord Chief Justice.
      (2)
But the resignation does not take effect unless and until it is accepted by the
Lord Chief Justice, who must consult the Lord Chancellor before accepting
30
it.
3
The Lord Chief Justice may, after consulting the Lord Chancellor, remove
the Chief Coroner or a Deputy Chief Coroner from office for incapacity or
misbehaviour.
Remuneration, allowances and expenses
35
4
The Lord Chancellor may pay to the Chief Coroner—
(a)
amounts determined by the Lord Chancellor by way of remuneration or
allowances;

Coroners and Justice Bill
Schedule 8 — Investigation by Chief Coroner or by judge at Chief Coroner’s invitation
135

(b)
amounts determined by the Lord Chancellor towards expenses incurred by
the Chief Coroner in performing functions as such.
5
The Lord Chancellor may pay to a Deputy Chief Coroner—
(a)
amounts determined by the Lord Chancellor by way of remuneration or
allowances;
5
(b)
amounts determined by the Lord Chancellor towards expenses incurred by
that Deputy Chief Coroner in performing functions as such.
Exercise of Chief Coroner’s functions by Deputy Chief coroner
6     (1)
A Deputy Chief Coroner may perform any functions of the Chief Coroner—
(a)
during a period when the Chief Coroner is absent or unavailable;
10
(b)
during a vacancy in the office of Chief Coroner;
(c)
at any other time, with the consent of the Chief Coroner.
      (2)
Accordingly a reference in this Part to the Chief Coroner is to be read, where
appropriate, as including a Deputy Chief Coroner.
Staff
15
7     (1)
The Lord Chancellor must appoint staff to assist the Chief Coroner and any Deputy
Chief Coroners in the performance of their functions.
      (2)
Such staff are to be appointed on whatever terms and conditions the Lord Chancellor
thinks appropriate.
Schedule 8
20
Section 31

Investigation by Chief Coroner or by judge at Chief Coroner’s invitation
Investigation by Chief Coroner
1     (1)
The Chief Coroner may conduct an investigation into a person’s death.
      (2)
Where the Chief Coroner is responsible for conducting an investigation by
virtue of this paragraph—
25
(a)
the Chief Coroner has the same functions in relation to the body and
the investigation as would be the case if he or she were a senior
coroner in whose area the body was situated;
(b)
no senior coroner, area coroner or assistant coroner has any functions
in relation to the body or the investigation.
30
      (3)
Accordingly a reference in a statutory provision (whenever made) to a
senior coroner is to be read, where appropriate, as including the Chief
Coroner exercising functions by virtue of this paragraph.
Investigation by judge
2     (1)
The Chief Coroner may request the Lord Chief Justice to nominate—
35
(a)
a judge of the High Court, or
(b)
a Circuit judge,

to conduct an investigation into a person’s death.

Coroners and Justice Bill
Schedule 9 — Amendments to the Coroners Act (Northern Ireland) 1959
136

      (2)
Where a judge is nominated under this paragraph—
(a)
the judge must conduct the investigation;
(b)
the judge has the same functions in relation to the body and the
investigation as would be the case if he or she were a senior coroner
in whose area the body was situated;
5
(c)
no senior coroner, area coroner or assistant coroner has any functions
in relation to the body or the investigation.
      (3)
Accordingly a reference in a statutory provision (whenever made) to a
coroner is to be read, where appropriate, as including a judge nominated
under this paragraph.
10
      (4)
The Lord Chief Justice must consult the Lord Chancellor before making a
nomination under this paragraph.
Appeals
3     (1)
Where—
(a)
by virtue of this Schedule an investigation is conducted by a person
15
who is not a senior coroner, and
(b)
the investigation gives rise to an appeal under section 30,

that section has effect as if references in it to the Chief Coroner were
references to an appropriate judge nominated by the Lord Chief Justice.
      (2)
In this paragraph “appropriate judge” means—
20
(a)
where the person mentioned in paragraph (1)(a) is a Circuit judge, a
judge of the High Court;
(b)
where the person is a judge of the High Court, a judge of the Court
of Appeal.
Investigations already begun
25
4
A reference in this Schedule to conducting an investigation, in the case of an
investigation that has already begun, is to be read as a reference to
continuing to conduct the investigation.
Schedule 9
Section 38

Amendments to the Coroners Act (Northern Ireland) 1959
30
Witnesses and evidence
1
In the Coroners Act (Northern Ireland) 1959 (c. 15), for section 17 (witnesses
to be summoned) substitute—
“17A
Power to require evidence to be given or produced
(1)
A coroner who proceeds to hold an inquest may by notice require a
35
person to attend at a time and place stated in the notice and—
(a)
to give evidence at the inquest,
(b)
to produce any documents in the custody or under the
control of the person which relate to a matter that is relevant
to the inquest, or
40

Coroners and Justice Bill
Schedule 9 — Amendments to the Coroners Act (Northern Ireland) 1959
137

(c)
to produce for inspection, examination or testing any other
thing in the custody or under the control of the person which
relates to a matter that is relevant to the inquest.
(2)
A coroner who is making any investigation to determine whether or
not an inquest is necessary, or who proceeds to hold an inquest, may
5
by notice require a person, within such period as the coroner thinks
reasonable—
(a)
to provide evidence to the coroner, about any matters
specified in the notice, in the form of a written statement,
(b)
to produce any documents in the custody or under the
10
control of the person which relate to a matter that is relevant
to the investigation or inquest, or
(c)
to produce for inspection, examination or testing any other
thing in the custody or under the control of the person which
relates to a matter that is relevant to the investigation or
15
inquest.
(3)
A notice under subsection (1) or (2) shall—
(a)
explain the possible consequences, under subsection (6), of
not complying with the notice;
(b)
indicate what the recipient of the notice should do if he
20
wishes to make a claim under subsection (4).
(4)
A claim by a person that—
(a)
he is unable to comply with a notice under this section, or
(b)
it is not reasonable in all the circumstances to require him to
comply with such a notice,
25

is to be determined by the coroner, who may revoke or vary the
notice on that ground.
(5)
In deciding whether to revoke or vary a notice on the ground
mentioned in subsection (4)(b), the coroner shall consider the public
interest in the information in question being obtained for the
30
purposes of the inquest, having regard to the likely importance of the
information.
(6)
A coroner may impose a fine not exceeding £1000 on a person who
fails without reasonable excuse to do anything required by a notice
under subsection (1) or (2).
35
(7)
For the purposes of this section a document or thing is under a
person’s control if it is in the person’s possession or if he has a right
to possession of it.
(8)
Nothing in this section shall prevent a person who has not been
given a notice under subsection (1) or (2) from giving or producing
40
any evidence, document or other thing.
17B
Giving or producing evidence: further provision
(1)
The power of a coroner under section 17A(6) is additional to, and
does not affect, any other power the coroner may have—
(a)
to compel a person to appear before him;
45
(b)
to compel a person to give evidence or produce any
document or other thing;

Coroners and Justice Bill
Schedule 9 — Amendments to the Coroners Act (Northern Ireland) 1959
138

(c)
to punish a person for contempt of court for failure to appear
or to give evidence or to produce any document or other
thing.

But a person may not be fined under that section and also be
punished under any such other power.
5
(2)
A person may not be required to give or produce any evidence or
document under section 17A if—
(a)
he could not be required to do so in civil proceedings in a
court in Northern Ireland, or
(b)
the requirement would be incompatible with a Community
10
obligation.
(3)
The rules of law under which evidence or documents are permitted
or required to be withheld on grounds of public interest immunity
apply in relation to an inquest as they apply in relation to civil
proceedings in a court in Northern Ireland.
15
17C
Offences relating to evidence
(1)
It is an offence for a person to do anything that is intended to have
the effect of—
(a)
distorting or otherwise altering any evidence, document or
other thing that is given or produced for the purposes of any
20
investigation or inquest under this Act, or
(b)
preventing any evidence, document or other thing from
being given or produced for the purposes of such an
investigation or inquest,

or to do anything that the person knows or believes is likely to have
25
that effect.
(2)
It is an offence for a person—
(a)
intentionally to suppress or conceal a document that is, and
that the person knows or believes to be, a relevant document,
or
30
(b)
intentionally to alter or destroy such a document.
(3)
For the purposes of subsection (2) a document is a “relevant
document” if it is likely that a coroner making any investigation or
holding an inquest would (if aware of its existence) wish to be
provided with it.
35
(4)
A person does not commit an offence under subsection (1) or (2) by
doing anything that is authorised or required—
(a)
by a coroner, or
(b)
by virtue of section 17B(2) or (3) or any privilege that applies.
(5)
Proceedings for an offence under subsection (1) or (2) may be
40
instituted only by or with the consent of the Director of Public
Prosecutions for Northern Ireland.
(6)
A person guilty of an offence under subsection (1) or (2) is liable on
summary conviction to a fine not exceeding level 3 on the standard
scale, or to imprisonment for a term not exceeding 6 months, or to
45
both.”