|
| |
|
2 | Omit sections 19 (service of summonses) and 20 (provisions as to witnesses) |
| |
| |
Certified inquest to be held without a jury |
| |
3 | After section 18 of that Act (requirement to summon jury in certain cases) |
| |
| 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), |
| |
| 10 |
(b) | no other measures would be adequate to prevent the matter |
| |
| |
| |
(a) | in order to protect the interests of— |
| |
| 15 |
(ii) | the relationship between the United Kingdom and |
| |
| |
(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 |
| |
(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 |
| |
(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 |
|
| |
|
| |
|
(b) | the provisions of this Act apply accordingly as if that were |
| |
| |
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.” |
| |
| |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| 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)— |
| |
|
| |
|
| |
|
(a) | proceedings for the offence may be taken at any place in Northern |
| |
| |
(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 |
| |
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. |
| |
|
| |
|
| |
|
| |
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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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. |
| |
| 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 |
| |
| |
(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. |
| |
| |
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 |
| |
|
| |
|
| |
|
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 |
| |
| |
| 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 |
| |
| |
(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 |
| |
(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. |
| |
| |
| |
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 |
| |
| |
| as well as to persons (of any description) who are in possession of such |
| |
images in England and Wales or Northern Ireland. |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| 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. |
| |
|
| |
|
| |
|
| |
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 |
| |
| 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 |
| |
| |
(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. |
| |
| 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. |
| |
| |
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 |
| |
|
| |
|