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
Part 1 — Coroners etc
Chapter 7 — Supplementary
20

(8)
Practice directions may be given in accordance with Part 1 of Schedule 2 to the
Constitutional Reform Act 2005 (c. 4) on any matter that could otherwise be
included in Coroners rules.
(9)
Coroners rules may, instead of providing for a matter, refer to provision made
or to be made by practice directions under subsection (8).
5
(10)
In this section “rules of court” include any provision governing the practice
and procedure of a court that is made by or under an enactment.
Coroner of the Queen’s household
35
Abolition of the office of coroner of the Queen’s household
The office of coroner of the Queen’s household is abolished.
10
Interpretation
36
“Interested person”
(1)
This section applies for the purposes of this Part.
(2)
“Interested person”, in relation to a deceased person or an investigation or
inquest under this Part into a person’s death, means—
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(a)
a spouse, civil partner, partner, parent, child, brother, sister,
grandparent, grandchild, child of a brother or sister, stepfather,
stepmother, half-brother or half-sister;
(b)
a personal representative of the deceased;
(c)
a medical examiner exercising functions in relation to the death of the
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deceased;
(d)
a beneficiary under a policy of insurance issued on the life of the
deceased;
(e)
the insurer who issued such a policy of insurance;
(f)
a person who may by any act or omission have caused or contributed
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to the death of the deceased, or whose employee or agent may have
done so;
(g)
in a case where the death may have been caused by—
(i)
an injury received in the course of an employment, or
(ii)
a disease prescribed under section 108 of the Social Security
30
Contributions and Benefits Act 1992 (c. 4) (benefit in respect of
prescribed industrial diseases, etc),

a representative of a trade union of which the deceased was a member
at the time of death;
(h)
a person appointed by, or representative of, an enforcing authority;
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(i)
where subsection (3) applies, a chief constable;
(j)
where subsection (4) applies, a Provost Marshal;
(k)
where subsection (5) applies, the Independent Police Complaints
Commission;
(l)
a person appointed by a Government department to attend an inquest
40
into the death or to assist in, or provide evidence for the purposes of, an
investigation into the death under this Part;
(m)
any other person who the senior coroner thinks has a sufficient interest.

Coroners and Justice Bill
Part 1 — Coroners etc
Chapter 7 — Supplementary
21

(3)
This subsection applies where it appears that a person has or may have
committed—
(a)
a homicide offence involving the death of the deceased, or
(b)
a related offence (other than a service offence).
(4)
This subsection applies where it appears that a person has or may have
5
committed—
(a)
the service equivalent of a homicide offence involving the death of the
deceased, or
(b)
a service offence that is a related offence.
(5)
This subsection applies where the death of the deceased is or has been the
10
subject of an investigation managed or carried out by the Independent Police
Complaints Commission in accordance with Part 3 of Schedule 3 to the Police
Reform Act 2002 (c. 30), including that Part as extended or applied by or under
any statutory provision (whenever made).
(6)
“Interested person”, in relation to an object that is or may be treasure or
15
treasure trove, or an investigation or inquest under section 20 concerning such
an object, means—
(a)
the British Museum, if the object was found or is believed to have been
found in England;
(b)
the National Museum of Wales, if the object was found or is believed to
20
have been found in Wales;
(c)
the finder of the object or any person otherwise involved in the find;
(d)
the occupier, at the time the object was found, of the land where it was
found or is believed to have been found;
(e)
a person who had an interest in that land at that time or who has had
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such an interest since;
(f)
any other person who the senior coroner thinks has a sufficient interest.
(7)
For the purposes of this section, a person is the partner of a deceased person if
the two of them (whether of different sexes or the same sex) were living as
partners in an enduring relationship at the time of the deceased person’s death.
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37
Interpretation: general
(1)
In this Part, unless the context otherwise requires—
“the 1953 Act” means the Births and Deaths Registration Act 1953 (c. 20);
“the 1988 Act” means the Coroners Act 1988 (c. 13);
“area”, in relation to a senior coroner, area coroner or assistant coroner,
35
means the coroner area for which that coroner is appointed;
“area coroner” means a person appointed under paragraph 2(3) of
Schedule 3;
“assistant coroner” means a person appointed under paragraph 2(4) of
Schedule 3;
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“body” includes body parts;
“chief constable” means—
(a)
a chief officer of police (within the meaning given in section
101(1) of the Police Act 1996 (c. 16));
(b)
the Chief Constable of the Ministry of Defence Police;
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(c)
the Chief Constable of the Civil Nuclear Constabulary;
(d)
the Chief Constable of the British Transport Police;

Coroners and Justice Bill
Part 1 — Coroners etc
Chapter 7 — Supplementary
22

“the Chief Coroner” means a person appointed under section 27(1)(a);
“the Common Council” means the Common Council of the City of
London, and “common councillor” is to be read accordingly;
“coroner area” is to be read in accordance with paragraph 1 of Schedule 2;
“Coroners regulations” means regulations under section 33;
5
“Coroners rules” means rules under section 34;
“the coroner system” means the system of law and administration relating
to investigations and inquests under this Part;
“the court of trial” means—
(a)
in relation to an offence (other than a service offence) that is
10
tried summarily, the magistrates’ court by which the offence is
tried;
(b)
in relation to an offence tried on indictment, the Crown Court;
(c)
in relation to a service offence, a commanding officer, a Court
Martial or the Service Civilian Court (depending on the person
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before whom, or court before which, it is tried);
“Deputy Chief Coroner” means a person appointed under section
27(1)(b);
“document” includes information stored in an electronic form;
“enforcing authority” has the meaning given by section 18(7) of the Health
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and Safety at Work etc. Act 1974 (c. 37);
“functions” includes powers and duties;
“homicide offence” has the meaning given in paragraph 1(6) of Schedule
1;
“interested person” is to be read in accordance with section 36;
25
“land” includes premises within the meaning of the Police and Criminal
Evidence Act 1984 (c. 60);
“local authority” means—
(a)
in relation to England, a county council, the council of any
district comprised in an area for which there is no county
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council, a London borough council, the Common Council or the
Council of the Isles of Scilly;
(b)
in relation to Wales, a county council or a county borough
council;
“medical examiner” means a person appointed under section 18;
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“person”, in relation to an offence of corporate manslaughter, includes an
organisation;
“prosecuting authority” means—
(a)
the Director of Public Prosecutions, or
(b)
a person of a description prescribed by an order made by the
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Lord Chancellor;
“related offence” has the meaning given in paragraph 1(6) of Schedule 1;
“relevant authority”, in relation to a coroner area, has the meaning given
by paragraph 3 of Schedule 2 (and see paragraph 2 of Schedule 20);
“senior coroner” means a person appointed under paragraph 1 of
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Schedule 3;
“the service equivalent of a homicide offence” has the meaning given in
paragraph 1(6) of Schedule 1;
“service offence” has the meaning given by section 50(2) of the Armed
Forces Act 2006 (c. 52);
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Coroners and Justice Bill
Part 2 — Criminal offences
Chapter 1 — Murder, infanticide and suicide
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“service police force” means—
(a)
the Royal Navy Police,
(b)
the Royal Military Police, or
(c)
the Royal Air Force Police;
“state detention” has the meaning given by subsection (2);
5
“statutory provision” means provision contained in, or in an instrument
made under, any Act (including this Act);
“treasure” means anything that is treasure for the purposes of the
Treasure Act 1996 (c. 24) (and accordingly does not include anything
found before 24 September 1997);
10
“treasure trove” does not include anything found on or after 24 September
1997.
(2)
A person is in state detention if he or she is compulsorily detained by a public
authority within the meaning of section 6 of the Human Rights Act 1998 (c. 42).
(3)
For the purposes of this Part, the area of the Common Council is to be treated
15
as including the Inner Temple and the Middle Temple.
(4)
A reference in this Part to a coroner who is responsible for conducting an
investigation under this Part into a person’s death is to be read as a reference
to the coroner who is under a duty to conduct the investigation, or who would
be under such a duty but for the suspension of the investigation under this
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Part.
(5)
A reference in this Part to producing or providing a document, in relation to
information stored in an electronic form, is to be read as a reference to
producing or providing a copy of the information in a legible form.
Northern Ireland amendments
25
38
Amendments to the Coroners Act (Northern Ireland) 1959
Schedule 9 inserts provisions into the Coroners Act (Northern Ireland) 1959
(c. 15) corresponding to certain provisions in Schedules 4 and 5 and in sections
11 and 12.
Part 2
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Criminal offences
Chapter 1
Murder, infanticide and suicide
Partial defence to murder: diminished responsibility
39
Persons suffering from diminished responsibility (England and Wales)
35
(1)
In section 2 of the Homicide Act 1957 (c. 11) (persons suffering from

Coroners and Justice Bill
Part 2 — Criminal offences
Chapter 1 — Murder, infanticide and suicide
24

diminished responsibility), for subsection (1) substitute—
“(1)
A person (“D”) who kills or is a party to the killing of another is not to
be convicted of murder if D was suffering from an abnormality of
mental functioning which—
(a)
arose from a recognised medical condition,
5
(b)
substantially impaired D’s ability to do one or more of the
things mentioned in subsection (1A), and
(c)
provides an explanation for D’s acts and omissions in doing or
being a party to the killing.
(1A)
Those things are—
10
(a)
to understand the nature of D’s conduct;
(b)
to form a rational judgment;
(c)
to exercise self-control.
(1B)
For the purposes of subsection (1)(c), an abnormality of mental
functioning provides an explanation for D’s conduct if it causes, or is a
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significant contributory factor in causing, D to carry out that conduct.”
(2)
In section 6 of the Criminal Procedure (Insanity) Act 1964 (c. 84) (evidence by
prosecution of insanity or diminished responsibility), in paragraph (b) for
“mind” substitute “mental functioning”.
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Persons suffering from diminished responsibility (Northern Ireland)
20
(1)
Section 5 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (effect, in
cases of homicide, of impaired mental responsibility) is amended as follows.
(2)
For subsection (1) substitute—
“(1)
A person (“D”) who kills or is a party to the killing of another is not to
be convicted of murder if D was suffering from an abnormality of
25
mental functioning which—
(a)
arose from a recognised mental condition,
(b)
substantially impaired D’s ability to do one or more of the
things mentioned in subsection (1A), and
(c)
provides an explanation for D’s acts and omissions in doing or
30
being a party to the killing.
(1A)
Those things are—
(a)
to understand the nature of D’s conduct;
(b)
to form a rational judgment;
(c)
to exercise self-control.
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(1B)
For the purposes of subsection (1)(c), an abnormality of mental
functioning provides an explanation for D’s conduct if it causes, or is a
significant contributory factor in causing, D to carry out that conduct.
(1C)
Where, but for this section, D would be liable, whether as principal or
as accessory, to be convicted of murder, D is liable instead to be
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convicted of manslaughter.”
(3)
In subsection (2), for “subsection (1)” substitute “subsection (1C)”.
(4)
In subsections (4) and (5), for “mental abnormality” substitute “abnormality of
mental functioning”.