Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc
188

House of Commons Disqualification Act 1975 (c. 24)
25
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices) insert the following entry at the appropriate
place—
“Senior coroner, area coroner or assistant coroner appointed under Part 1
5
of the Coroners and Justice Act 2009.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
26
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (other disqualifying offices) insert the following entry at the
appropriate place—
10
“Senior coroner, area coroner or assistant coroner appointed under Part 1
of the Coroners and Justice Act 2009.”
Magistrates’ Courts Act 1980 (c. 43)
27
In Schedule 6A to the Magistrates’ Courts Act 1980 (fines that may be altered
under section 143)—
15
(a)
omit the entry relating to the Coroners Act 1988, and
(b)
after the entry relating to the Powers of Criminal Courts (Sentencing)
Act 2000 insert—

“CORONERS AND JUSTICE ACT 2009

In Schedule 5, paragraphs 5 (refusal to
£1000”.

20

serve as juror etc) and 6 (refusal to give

evidence etc)

Access to Health Records Act 1990 (c. 23)
28    (1)
Section 3 of the Access to Health Records Act 1990 (right of access to health
records) is amended as follows.
25
      (2)
In subsection (1) (persons entitled to access), at the end insert—
“(g)
where the patient has died, a medical examiner exercising
functions by virtue of section 19 of the Coroners and Justice
Act 2009 in relation to the death.”
      (3)
In subsection (4) (fee for access), at the end insert—
30

“Paragraphs (a) and (b) above do not apply in the case of access for
which an application is made under subsection (1)(g) above.”
Courts and Legal Services Act 1990 (c. 41)
29
In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc barred
from legal practice), for “Coroner appointed under section 2 of the Coroners
35
Act 1988” substitute “Senior coroner appointed under paragraph 1 of
Schedule 3 to the Coroners and Justice Act 2009”.
Merchant Shipping Act 1995 (c. 21)
30
The Merchant Shipping Act 1995 is amended as follows.

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc
189

31
In section 108 (returns of births and deaths in ships etc), in subsection (6)(b),
for “is satisfied that an inquest is unnecessary” substitute “discontinues an
investigation under Part 1 of the Coroners and Justice Act 2009 or, as the case
may be, is satisfied that an inquest under the Coroners Act (Northern
Ireland) 1959 is unnecessary”.
5
32
In section 271 (inquiries into deaths of crew members and others), in
subsection (6), for “where” to the end substitute “where—
(a)
in England and Wales, an investigation is to be conducted
under Part 1 of the Coroners and Justice Act 2009;
(b)
in Northern Ireland, an inquest is to be held under the
10
Coroners Act (Northern Ireland) 1959;
(c)
in Scotland, an enquiry is to be held under the Fatal Accidents
and Sudden Deaths Inquiry (Scotland) Act 1976.”
33    (1)
Section 273 (transmission of particulars of certain deaths on ships) is
amended as follows.
15
      (2)
In paragraph (a), for “or a post mortem examination” to the end substitute
“or subsection (2) below applies; and”.
      (3)
At the end of that section (which becomes subsection (1)) insert—
“(2)
This subsection applies where—
(a)
in England and Wales, an investigation under Part 1 of the
20
Coroners and Justice Act 2009 into a person’s death is
discontinued under section 4 of that Act (cause of death
revealed by post-mortem examination); or
(b)
in Northern Ireland, a preliminary investigation is made of a
dead body as a result of which the coroner is satisfied that an
25
inquest is unnecessary.”
Employment Rights Act 1996 (c. 18)
34    (1)
The Employment Rights Act 1996 is amended as follows.
      (2)
In section 43M (jury service), in subsection (1)(a), for “the Coroners Act 1988”
substitute “Part 1 of the Coroners and Justice Act 2009”.
30
      (3)
In section 98B (jury service), in subsection (1)(a), for “the Coroners Act 1988”
substitute “Part 1 of the Coroners and Justice Act 2009”.
Treasure Act 1996 (c. 24)
35
The Treasure Act 1996 is amended as follows.
36
For section 7 (jurisdiction of coroners) substitute—
35
“7
Jurisdiction of coroners
(1)
As regards Northern Ireland, the jurisdiction of coroners which is
referred to in section 33 of the Coroners Act (Northern Ireland) 1959
(treasure) is exercisable in relation to anything that is treasure for the
purposes of this Act.
40
(2)
That jurisdiction is not exercisable for the purposes of the law
relating to treasure trove in relation to anything found after the
commencement of section 4.

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc
190

(3)
The Act of 1959 has effect subject to this section.
(4)
An inquest held by virtue of subsection (1) is to be held without a
jury, unless the coroner orders otherwise.
(5)
As regards England and Wales, see section 20 of the Coroners and
Justice Act 2009 (which confers jurisdiction on a senior coroner in
5
relation to an object that is or may be treasure, or treasure trove
found before the commencement of section 4).”
37    (1)
Section 8 (duty of finder to notify coroner) is amended as follows.
      (2)
In subsection (1), for “coroner for the district” substitute “senior coroner for
the area”.
10
      (3)
In subsection (5)—
(a)
for “coroner for a district” substitute “senior coroner for an area”,
(b)
for “coroner for that district” substitute “senior coroner for that area”,
and
(c)
for “the coroner” substitute “the senior coroner”.
15
      (4)
After that subsection insert—
“(6)
In its application to Northern Ireland this section has effect as if—
(a)
in subsection (1), for “senior coroner for the area” there were
substituted “coroner for the district”;
(b)
in subsection (5)—
20
(i)
for “senior coroner for an area” there were substituted
“coroner for a district”;
(ii)
for “senior coroner for that area” there were
substituted “coroner for that district”;
(iii)
for “the senior coroner” there were substituted “the
25
coroner”.”
38
For section 9 substitute—
“9
Procedure for investigations: England and Wales
(1)
Before conducting an investigation concerning an object, a senior
coroner must—
30
(a)
notify the appropriate national museum;
(b)
take reasonable steps to notify—
(i)
any person who the coroner thinks may have found
the object; and
(ii)
any person who, at the time the object was found,
35
occupied land that the coroner thinks may be where it
was found.
(2)
During an investigation the senior coroner must take reasonable
steps to notify any person within subsection (1)(b) who has not
already been notified.
40
(3)
Before or during an investigation, the senior coroner must take
reasonable steps—
(a)
to obtain the names and addresses of any other interested
persons; and

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc
191

(b)
to notify any interested person whose name and address he
obtains.
(4)
The senior coroner must take reasonable steps to give any interested
person an opportunity to examine witnesses at any inquest held as
part of an investigation.
5
(5)
In this section—
“the appropriate national museum” means—
(a)
the British Museum, if the object in question was
found or is believed to have been found in England;
(b)
the National Museum of Wales, if it was found or is
10
believed to have been found in Wales;
“interested person” has the meaning given by section 36(6) of
the Coroners and Justice Act 2009;
“investigation” means an investigation under section 20 of that
Act.
15
(6)
This section extends only to England and Wales.
9A
Procedure for inquests: Northern Ireland
(1)
Before conducting an inquest concerning an object, a coroner must—
(a)
notify the Department of the Environment for Northern
Ireland;
20
(b)
take reasonable steps to notify—
(i)
any person who the coroner thinks may have found
the object; and
(ii)
any person who, at the time the object was found,
occupied land that the coroner thinks may be where it
25
was found.
(2)
During the inquest the coroner must take reasonable steps to notify
any person within subsection (1)(b) who has not already been
notified.
(3)
Before or during the inquest, the coroner must take reasonable
30
steps—
(a)
to obtain the names and addresses of any other interested
persons; and
(b)
to notify any interested person whose name and address he
obtains.
35
(4)
The coroner must take reasonable steps to give any interested person
an opportunity to examine witnesses at the inquest.
(5)
In this section—
“inquest” means an inquest held by virtue of section 7(1);
“interested person” means—
40
(a)
the Department of the Environment for Northern
Ireland;
(b)
the finder of the object in question or any person
otherwise involved in the find;

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc
192

(c)
the occupier, at the time the object was found, of the
land where it was found or is believed to have been
found;
(d)
a person who had an interest in that land at that time
or who has had such an interest since;
5
(e)
any other person with a sufficient interest.
(6)
This section extends only to Northern Ireland.”
39
Omit section 13.
Northern Ireland (Location of Victims’ Remains) Act 1999 (c. 7)
40
In section 4 of the Northern Ireland (Location of Victims’ Remains) Act 1999
10
(restrictions on forensic testing), in subsection (2), for “for the purposes of an
inquest, the identity” substitute “for the purposes of—
(a)
an inquest under the Coroners Act (Northern Ireland) 1959,
or
(b)
an investigation under Part 1 of the Coroners and Justice Act
15
2009,

the identity”.
Freedom of Information Act 2000 (c. 36)
41
In section 32 of the Freedom of Information Act 2000 (court records etc), in
subsection (4)(b), for “any inquest or” substitute “any investigation under
20
Part 1 of the Coroners and Justice Act 2009, any inquest under the Coroners
Act (Northern Ireland) 1959 and any”.
International Criminal Court Act 2001 (c. 17)
42
In section 35 of the International Criminal Court Act 2001 (orders for
exhumation), for “section 23 of the Coroners Act 1988 (c. 13)” substitute
25
“paragraph 5 of Schedule 4 to the Coroners and Justice Act 2009”.
Courts Act 2003 (c. 39)
43
In Schedule 3A to the Courts Act 2003 (further provision about the
inspectors of court administration), in paragraph 2(2) (inspection
programmes and inspection frameworks: consultation etc), after “the Lord
30
Chief Justice of England and Wales” insert “, the Chief Coroner”.
Human Tissue Act 2004 (c. 30)
44
The Human Tissue Act 2004 is amended as follows.
45
In section 1 (authorisation of activities for scheduled purposes), in
subsection (2), for the words after “shall be lawful” substitute “if done with
35
the appropriate consent and after—
(a)
the confirmation of the cause of death by a medical examiner
in accordance with regulations under section 19(1)(f)(i) of the
Coroners and Justice Act 2009 or the issue by medical
examiner of a certificate of the cause of death in accordance
40
with regulations under section 19(1)(h)(i) of that Act, or

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 2 — Suicide
193

(b)
the signing of a certificate under Article 25(2) of the Births
and Deaths Registration (Northern Ireland) Order 1976 of the
cause of the person’s death.”
46    (1)
Section 5 (prohibition of activities without consent etc) is amended as
follows.
5
      (2)
In subsection (3), for the words from “neither” to the end substitute “none of
the following has happened in relation to the death of the person
concerned—
(a)
the confirmation of the cause of death by a medical examiner
in accordance with regulations under section 19(1)(f)(i) of the
10
Coroners and Justice Act 2009 or the issue by medical
examiner of a certificate of the cause of death in accordance
with regulations under section 19(1)(h)(i) of that Act;
(b)
the signing of a certificate under Article 25(2) of the Births
and Deaths Registration (Northern Ireland) Order 1976 of the
15
cause of death.”
      (3)
In subsection (4)(a)(i), for “a certificate under either of those provisions has
been signed in relation to the cause of death of the person concerned”
substitute “one of the things mentioned in paragraphs (a) and (b) of that
subsection has happened in relation to the death of the person concerned”.
20
47
In section 43 (preservation for transplantation), after subsection (5) insert—
“(5A)
Section 11(2) applies to an act on authority under subsection (1)
above as it applies to an act on authority under section 1.”
Part 2
Suicide
25
Children and Young Persons Act 1933 (c. 12)
48
In Schedule 1 to the Children and Young Persons Act 1933 (offences against
children and young persons to which special provisions apply), after the
entry relating to infanticide insert—
“An offence under section 2(1) of the Suicide Act 1961 (encouraging or
30
assisting suicide) where the relevant act is an act capable of, and done
with the intention of, encouraging or assisting the suicide of a child or
young person.”
Visiting Forces Act 1952 (c. 67)
49
In the Visiting Forces Act 1952—
35
(a)
in section 7(6) (provisions as to coroner’s inquests and removal of
bodies: meaning of homicide) for the words from “murder” to the
end substitute “—
(a)
murder, manslaughter or infanticide,
(b)
any offence under the law of the country in question
40
which is analogous to any of the offences within
paragraph (a), and
(c)
any offence under the law of the country in question
which is analogous to an offence under section 2(1) of
the Suicide Act 1961 or section 13(1) of the Criminal
45

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 2 — Suicide
194

Justice Act (Northern Ireland) 1966 (encouraging or
assisting suicide).”, and
(b)
in paragraph 1(a) of the Schedule (offences against the person for
purposes of restriction of trial by United Kingdom courts of
offenders connected with visiting forces) for the words from “of” to
5
“commit suicide” substitute “under section 2(1) of the Suicide Act
1961 or section 13(1) of the Criminal Justice Act (Northern Ireland)
1966 (encouraging or assisting suicide)”.
Suicide Act 1961 (c. 60)
50
In Schedule 1 to the Suicide Act 1961—
10
(a)
in Part 1 omit the entry relating to Schedule 1 to the Children and
Young Persons Act 1933 (c. 12), and
(b)
in Part 2 omit the entry relating to section 7 of the Visiting Forces Act
1952 (c. 67).
Criminal Justice Act (Northern Ireland) 1966 (c. 20)
15
51
In section 12 of the Criminal Justice Act (Northern Ireland) 1966 (suicide to
cease to be a crime), for “13 and 14” substitute “13 to 14”.
Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
52
In Schedule 1 to the Children and Young Persons Act (Northern Ireland)
1968 (offences against children and young persons to which special
20
provisions apply), for the entry for “Aiding, abetting, counselling or
procuring the suicide of a child or young person” substitute—
“An offence under section 13(1) of the Criminal Justice Act (Northern
Ireland) 1966 (encouraging or assisting suicide) where the relevant act
is an act capable of, and done with the intention of, encouraging or
25
assisting the suicide of a child or young person.”
Criminal Attempts Act 1981 (c. 47)
53
After section 1(4)(b) of the Criminal Attempts Act 1981 (exclusions to offence
of attempting to commit an offence) insert—
“(ba)
an offence under section 2(1) of the Suicide Act 1961 (c. 60)
30
(encouraging or assisting suicide);”.
Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))
54
After Article 3(4)(b) of the Criminal Attempts and Conspiracy (Northern
Ireland) Order 1983 (exclusions to offence of attempting to commit an
offence) insert—
35
“(ba)
an offence under section 13(1) (encouraging or assisting
suicide) of the Criminal Justice Act (Northern Ireland) 1966;”.
Law Reform (Year and a Day Rule) Act 1996 (c. 19)
55    (1)
Section 2 of the Law Reform (Year and a Day Rule) Act 1996 (restriction on
institution of proceedings for a fatal offence) is amended as follows.
40