Coroners and Justice Bill

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Session 2008 - 09
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Coroners and Justice Bill

Coroners and Justice Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Ministry of Justice, are published
separately as Bill 9—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Jack Straw has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Coroners and Justice Bill are compatible with the
Convention rights.

Bill 9
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Coroners and Justice Bill

Contents
Part 1
Coroners etc
Chapter 1
Investigations into deaths
Duty to investigate
1
Duty to investigate certain deaths
Investigation by other coroner
2
Request for other coroner to conduct investigation
3
Direction for other coroner to conduct investigation
Discontinuance of investigation
4
Discontinuance where cause of death revealed by post-mortem examination
Purpose of investigation
5
Matters to be ascertained
Inquests
6
Duty to hold inquest
7
Whether jury required
8
Assembling a jury
9
Determinations and findings by jury
Outcome of investigation
10
Determinations and findings to be made

Bill 9
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Coroners and Justice Bill
ii

Certification by Secretary of State in interests of national security etc
11
Certified investigations: investigation by judge, inquest without jury
12
Discontinuance of certification
13
Intercept evidence
Suspension
14
Duty or power to suspend or resume investigations
Ancillary powers of coroners in relation to deaths
15
Post-mortem examinations
16
Power to remove body
Chapter 2
Notification, certification and registration of deaths
17
Notification by medical practitioner to senior coroner
18
Medical examiners
19
Medical certificate of cause of death
Chapter 3
Investigations concerning treasure
20
Investigations concerning treasure
Chapter 4
Coroner areas, appointments etc
21
Coroner areas
22
Appointment etc of senior coroners, area coroners and assistant coroners
23
Provision of staff and accommodation
Chapter 5
Further provision to do with investigations and deaths
24
Powers of senior coroners
25
Offences
26
Allowances, fees and expenses
Chapter 6
Governance etc
27
Chief Coroner and Deputy Chief Coroners
28
Regulations about training
29
Inspection of coroner system
30
Appeals to the Chief Coroner
31
Investigation by Chief Coroner or by judge at Chief Coroner’s invitation
32
Guidance by the Lord Chancellor

Coroners and Justice Bill
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Chapter 7
Supplementary
Regulations and rules
33
Coroners regulations
34
Coroners rules
Coroner of the Queen’s household
35
Abolition of the office of coroner of the Queen’s household
Interpretation
36
“Interested person”
37
Interpretation: general
Northern Ireland amendments
38
Amendments to the Coroners Act (Northern Ireland) 1959
Part 2
Criminal offences
Chapter 1
Murder, infanticide and suicide
Partial defence to murder: diminished responsibility
39
Persons suffering from diminished responsibility (England and Wales)
40
Persons suffering from diminished responsibility (Northern Ireland)
Partial defence to murder: loss of control
41
Partial defence to murder: loss of control
42
Meaning of “qualifying trigger”
43
Abolition of common law defence of provocation
Infanticide
44
Infanticide (England and Wales)
45
Infanticide (Northern Ireland)
Suicide
46
Encouraging or assisting suicide (England and Wales)
47
Encouraging or assisting suicide (Northern Ireland)
48
Encouraging or assisting suicide: information society services

Coroners and Justice Bill
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Chapter 2
Images of children
Prohibited images
49
Possession of prohibited images of children
50
Exclusion of classified film etc
51
Defences
52
Meaning of “image” and “child”
53
Penalties
54
Entry, search, seizure and forfeiture
55
Special rules relating to providers of information society services
Indecent pseudo-photographs of children
56
Indecent pseudo-photographs of children: marriage etc
Chapter 3
Other offences
57
Conspiracy
58
Hatred against persons on grounds of sexual orientation
Part 3
Criminal evidence, investigations and procedure
Chapter 1
Anonymity in investigations
59
Qualifying offences
60
Qualifying criminal investigations
61
Investigation anonymity orders
62
Applications
63
Conditions for making order
64
Appeal against refusal of order
65
Discharge of order
66
Delegation of functions
67
Application to armed forces
68
Interpretation
Chapter 2
Anonymity of witnesses
Witness anonymity orders
69
Witness anonymity orders
70
Applications
71
Conditions for making order
72
Relevant considerations

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73
Warning to jury
Discharge and variation
74
Discharge or variation of order
75
Discharge or variation after proceedings
76
Discharge or variation by appeal court
Service courts
77
Special provisions for service courts
Public interest immunity
78
Public interest immunity
The Criminal Evidence (Witness Anonymity) Act 2008
79
Power to make orders under the 2008 Act
Interpretation
80
Interpretation
Chapter 3
Vulnerable and intimidated witnesses
Special measures for vulnerable and intimidated witnesses
81
Eligibility for special measures: age of child witnesses
82
Eligibility for special measures: offences involving weapons
83
Special measures directions for child witnesses
84
Special provisions relating to sexual offences
85
Evidence by live link: presence of supporter
86
Video recorded evidence in chief: supplementary testimony
Evidence of certain accused persons
87
Examination of accused through intermediary
Witnesses protected from cross-examination by accused in person
88
Age of child complainant
Chapter 4
Live links
89
Directions to attend through live link
90
Answering to live link bail
91
Searches of persons answering to live link bail
92
Use of live link in certain enforcement hearings
93
Direction of registrar for appeal hearing by live link

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Revised 14 January 2009