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Coroners and Justice Bill


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

139

 

2          

Omit sections 19 (service of summonses) and 20 (provisions as to witnesses)

of that Act.

Certified inquest to be held without a jury

3          

After section 18 of that Act (requirement to summon jury in certain cases)

insert—

5

“18A    

Certified inquest to be held without jury

(1)   

The Secretary of State may certify an inquest if of the opinion that—

(a)   

the inquest will concern or involve a matter that should not

be made public for any of the reasons set out in subsection (2),

and

10

(b)   

no other measures would be adequate to prevent the matter

being made public.

(2)   

The reasons are—

(a)   

in order to protect the interests of—

(i)   

national security,

15

(ii)   

the relationship between the United Kingdom and

another country, or

(iii)   

preventing or detecting crime;

(b)   

in order to protect the safety of a witness or other person;

(c)   

otherwise in order to prevent real harm to the public interest.

20

(3)   

Where a certification under this section has effect, the inquest must

be held or (as the case may be) continued without a jury, so that—

(a)   

if a jury has not been summoned, the coroner must not cause

a jury to be summoned, and

(b)   

if a jury has been summoned, the coroner must discharge the

25

jury.

(4)   

Accordingly, the following do not apply in relation to the inquest

whilst the certification has effect—

(a)   

the power under subsection (1) of section 13 or subsection (2)

of section 18 to hold the inquest or part of the inquest with a

30

jury, and

(b)   

the duty under subsection (1) of section 18 to hold the inquest

with a jury in the circumstances set out in that subsection.

(5)   

A certification under this section has effect in relation to an inquest

until it is discontinued by the Secretary of State.

35

(6)   

Where a certification is discontinued—

(a)   

if subsection (1) of section 18 applies in relation to the inquest

in question, the coroner shall cause a jury to be summoned in

accordance with that subsection, and

(b)   

otherwise, if it appears to the coroner that it is desirable to

40

summon a jury, the coroner may cause a jury to be

summoned in accordance with that subsection.

(7)   

If a jury is summoned—

(a)   

the coroner shall proceed in all respects as if the inquest had

not previously begun, and

45

 
 

Coroners and Justice Bill
Schedule 10 — Encouraging or assisting suicide: providers of information society services

140

 

(b)   

the provisions of this Act apply accordingly as if that were

the case.”

4          

In section 13 of that Act (power of coroner to hold inquest), in subsection (1),

after “sub-section (2)” insert “and section 18A”.

5          

In section 18 of that Act, after subsection (3) insert—

5

“(4)   

This section is subject to section 18A.”

Schedule 10

Section 48

 

Encouraging or assisting suicide: providers of information society services

Domestic service providers: extension of liability

1     (1)  

This paragraph applies where a service provider is established in England

10

and Wales (an “E&W service provider”).

      (2)  

Section 2 of the Suicide Act 1961 (c. 60) (criminal liability for complicity in

another’s suicide) applies to an E&W service provider who—

(a)   

does an act, in an EEA state other than the United Kingdom, which

is capable of encouraging or assisting the suicide or attempted

15

suicide of another person and which is intended to encourage or

assist suicide or an attempt at suicide, and

(b)   

does that act in the course of providing information society services,

           

as well as to persons (of any description) who do such acts in England and

Wales.

20

      (3)  

In the case of an offence under that section, as it applies to an E&W service

provider by virtue of sub-paragraph (2)—

(a)   

proceedings for the offence may be taken at any place in England and

Wales, and

(b)   

the offence may for all incidental purposes be treated as having been

25

committed at any such place.

      (4)  

Nothing in this paragraph is to be read as affecting the operation of any of

paragraphs 4 to 6.

2     (1)  

This paragraph applies where a service provider is established in Northern

Ireland (a “NI service provider”).

30

      (2)  

Section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20)

(criminal liability for complicity in another’s suicide) applies to a NI service

provider who—

(a)   

does an act in an EEA state other than the United Kingdom which is

capable of encouraging or assisting the suicide or attempted suicide

35

of another person and which was intended to encourage or assist

suicide or an attempt at suicide, and

(b)   

does that act in the course of providing information society services,

           

as well as to persons (of any description) who do such acts in Northern

Ireland.

40

      (3)  

In the case of an offence under that section, as it applies to a NI service

provider by virtue of sub-paragraph (2)—

 
 

Coroners and Justice Bill
Schedule 10 — Encouraging or assisting suicide: providers of information society services

141

 

(a)   

proceedings for the offence may be taken at any place in Northern

Ireland, and

(b)   

the offence may for all incidental purposes be treated as having been

committed at any such place.

      (4)  

Nothing in this paragraph is to be read as affecting the operation of any of

5

paragraphs 4 to 6.

Non-UK service providers: restriction on institution of proceedings

3     (1)  

This paragraph applies where a service provider is established in an EEA

state other than the United Kingdom (a “non-UK service provider”).

      (2)  

Proceedings for a relevant offence may not be instituted against a non-UK

10

service provider in respect of anything done in the course of the provision of

information society services unless the derogation condition is satisfied.

      (3)  

“Relevant offence” means an offence under—

(a)   

section 2 of the Suicide Act 1961 (c. 60) (criminal liability for

complicity in another’s suicide), or

15

(b)   

section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20)

(criminal liability for complicity in another’s suicide).

      (4)  

The derogation condition is satisfied where the institution of proceedings—

(a)   

is necessary for the purposes of the public interest objective,

(b)   

relates to an information society service that prejudices that objective

20

or presents a serious and grave risk of prejudice to that objective, and

(c)   

is proportionate to that objective.

      (5)  

“The public interest objective” means the pursuit of public policy.

Exceptions for mere conduits

4     (1)  

A service provider is not capable of being guilty of a relevant offence in

25

respect of anything done in the course of providing so much of an

information society service as consists in—

(a)   

the provision of access to a communication network, or

(b)   

the transmission in a communication network of information

provided by a recipient of the service,

30

           

if the condition in sub-paragraph (2) is satisfied.

      (2)  

The condition is that the service provider does not—

(a)   

initiate the transmission,

(b)   

select the recipient of the transmission, or

(c)   

select or modify the information contained in the transmission.

35

      (3)  

For the purposes of sub-paragraph (1)—

(a)   

the provision of access to a communication network, and

(b)   

the transmission of information in a communication network,

           

includes the automatic, intermediate and transient storage of the

information transmitted so far as the storage is solely for the purpose of

40

carrying out the transmission in the network.

      (4)  

Sub-paragraph (3) does not apply if the information is stored for longer than

is reasonably necessary for the transmission.

 
 

Coroners and Justice Bill
Schedule 10 — Encouraging or assisting suicide: providers of information society services

142

 

Exception for caching

5     (1)  

This paragraph applies where an information society service consists in the

transmission in a communication network of information provided by a

recipient of the service.

      (2)  

The service provider is not capable of being guilty of a relevant offence in

5

respect of the automatic, intermediate and temporary storage of information

so provided, if—

(a)   

the storage of the information is solely for the purpose of making

more efficient the onward transmission of the information to other

recipients of the service at their request, and

10

(b)   

the condition in sub-paragraph (3) is satisfied.

      (3)  

The condition is that the service provider—

(a)   

does not modify the information,

(b)   

complies with any conditions attached to having access to the

information, and

15

(c)   

(where sub-paragraph (4) applies) expeditiously removes the

information or disables access to it.

      (4)  

This sub-paragraph applies if the service provider obtains actual knowledge

that—

(a)   

the information at the initial source of the transmission has been

20

removed from the network,

(b)   

access to it has been disabled, or

(c)   

a court or administrative authority has ordered the removal from the

network of, or the disablement of access to, the information.

Exception for hosting

25

6     (1)  

A service provider is not capable of being guilty of a relevant offence in

respect of anything done in the course of providing so much of an

information society service as consists in the storage of information

provided by a recipient of the service, if—

(a)   

the service provider had no actual knowledge when the information

30

was provided that the information was capable of, and provided

with the intention of, encouraging or assisting suicide or an attempt

at suicide, or

(b)   

on obtaining such knowledge, the service provider expeditiously

removed the information or disabled access to the information.

35

      (2)  

Sub-paragraph (1) does not apply if the recipient of the service is acting

under the authority or control of the service provider.

Interpretation

7     (1)  

This paragraph applies for the purposes of this Schedule.

      (2)  

“Relevant offence” has the same meaning as paragraph 3.

40

      (3)  

“Information society services”—

(a)   

has the meaning given in Article 2(a) of the E-Commerce Directive

(which refers to Article 1(2) of Directive 98/34/EC of the European

Parliament and of the Council of 22 June 1998 laying down a

 
 

Coroners and Justice Bill
Schedule 11 — Prohibited images: providers of information society services

143

 

procedure for the provision of information in the field of technical

standards and regulations), and

(b)   

is summarised in recital 17 of the E-Commerce Directive as covering

“any service normally provided for remuneration, at a distance, by

means of electronic equipment for the processing (including digital

5

compression) and storage of data, and at the individual request of a

recipient of a service”;

           

and “the E-Commerce Directive” means Directive 2000/31/EC of the

European Parliament and of the Council of 8 June 2000 on certain legal

aspects of information society services, in particular electronic commerce, in

10

the Internal Market (Directive on electronic commerce).

      (4)  

“Recipient”, in relation to a service, means any person who, for professional

ends or otherwise, uses an information society service, in particular for the

purposes of seeking information or making it accessible.

      (5)  

“Service provider” means a person providing an information society service.

15

      (6)  

For the purpose of construing references in this Schedule to a service

provider who is established in a part of the United Kingdom or in some

other EEA state—

(a)   

a service provider is established in a particular part of the United

Kingdom, or in a particular EEA state, if the service provider—

20

(i)   

effectively pursues an economic activity using a fixed

establishment in that part of the United Kingdom, or that

EEA state, for an indefinite period, and

(ii)   

is a national of an EEA state or a company or firm mentioned

in Article 48 of the Treaty establishing the European

25

Community;

(b)   

the presence or use in a particular place of equipment or other

technical means of providing an information society service does

not, of itself, constitute the establishment of a service provider;

(c)   

where it cannot be determined from which of a number of

30

establishments a given information society service is provided, that

service is to be regarded as provided from the establishment at the

centre of the service provider’s activities relating to that service.

Schedule 11

Section 55

 

Prohibited images: providers of information society services

35

Domestic service providers: extension of liability

1     (1)  

This paragraph applies where a service provider is established in England

and Wales or Northern Ireland (a “domestic service provider”).

      (2)  

Section 49(1) applies to a domestic service provider who—

(a)   

is in possession, in an EEA state other than the United Kingdom, of

40

a prohibited image of a child, and

(b)   

is in possession of it there in the course of providing information

society services,

           

as well as to persons (of any description) who are in possession of such

images in England and Wales or Northern Ireland.

45

 
 

Coroners and Justice Bill
Schedule 11 — Prohibited images: providers of information society services

144

 

      (3)  

In the case of an offence under section 49(1), as it applies to a domestic

service provider by virtue of sub-paragraph (2)—

(a)   

proceedings for the offence may be taken at any place in England and

Wales or Northern Ireland, and

(b)   

the offence may for all incidental purposes be treated as having been

5

committed at any such place.

      (4)  

Nothing in this paragraph is to be read as affecting the operation of any of

paragraphs 3 to 5.

Non-UK service providers: restriction on institution of proceedings

2     (1)  

This paragraph applies where a service provider is established in an EEA

10

state other than the United Kingdom (a “non-UK service provider”).

      (2)  

Proceedings for an offence under section 49(1) may not be instituted against

a non-UK service provider in respect of anything done in the course of the

provision of information society services unless the derogation condition is

satisfied.

15

      (3)  

The derogation condition is satisfied where the institution of proceedings—

(a)   

is necessary for the purposes of the public interest objective,

(b)   

relates to an information society service that prejudices that objective

or presents a serious and grave risk of prejudice to that objective, and

(c)   

is proportionate to that objective.

20

      (4)  

“The public interest objective” means the pursuit of public policy.

Exceptions for mere conduits

3     (1)  

A service provider is not capable of being guilty of an offence under section

49(1) in respect of anything done in the course of providing so much of an

information society service as consists in—

25

(a)   

the provision of access to a communication network, or

(b)   

the transmission in a communication network of information

provided by a recipient of the service,

           

if the condition in sub-paragraph (2) is satisfied.

      (2)  

The condition is that the service provider does not—

30

(a)   

initiate the transmission,

(b)   

select the recipient of the transmission, or

(c)   

select or modify the information contained in the transmission.

      (3)  

For the purposes of sub-paragraph (1)—

(a)   

the provision of access to a communication network, and

35

(b)   

the transmission of information in a communication network,

           

includes the automatic, intermediate and transient storage of the

information transmitted so far as the storage is solely for the purpose of

carrying out the transmission in the network.

      (4)  

Sub-paragraph (3) does not apply if the information is stored for longer than

40

is reasonably necessary for the transmission.

 
 

Coroners and Justice Bill
Schedule 11 — Prohibited images: providers of information society services

145

 

Exception for caching

4     (1)  

This paragraph applies where an information society service consists in the

transmission in a communication network of information provided by a

recipient of the service.

      (2)  

The service provider is not capable of being guilty of an offence under

5

section 49(1) in respect of the automatic, intermediate and temporary

storage of information so provided, if—

(a)   

the storage of the information is solely for the purpose of making

more efficient the onward transmission of the information to other

recipients of the service at their request, and

10

(b)   

the condition in sub-paragraph (3) is satisfied.

      (3)  

The condition is that the service provider—

(a)   

does not modify the information,

(b)   

complies with any conditions attached to having access to the

information, and

15

(c)   

(where sub-paragraph (4) applies) expeditiously removes the

information or disables access to it.

      (4)  

This sub-paragraph applies if the service provider obtains actual knowledge

that—

(a)   

the information at the initial source of the transmission has been

20

removed from the network,

(b)   

access to it has been disabled, or

(c)   

a court or administrative authority has ordered the removal from the

network of, or the disablement of access to, the information.

Exception for hosting

25

5     (1)  

A service provider is not capable of being guilty of an offence under section

49(1) in respect of anything done in the course of providing so much of an

information society service as consists in the storage of information

provided by a recipient of the service, if—

(a)   

the service provider had no actual knowledge when the information

30

was provided that it contained offending material, or

(b)   

on obtaining actual knowledge that the information contained

offending material, the service provider expeditiously removed the

information or disabled access to it.

      (2)  

“Offending material” means material the possession of which constitutes an

35

offence under section 49(1).

      (3)  

Sub-paragraph (1) does not apply if the recipient of the service is acting

under the authority or control of the service provider.

Interpretation

6     (1)  

This paragraph applies for the purposes of this Schedule.

40

      (2)  

“Prohibited image of a child” has the same meaning as in section 49.

      (3)  

“Information society services”—

(a)   

has the meaning given in Article 2(a) of the E-Commerce Directive

(which refers to Article 1(2) of Directive 98/34/EC of the European

 
 

 
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