Coroners and Justice Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

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