House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 5 February 2009
24

Coroners and Justice Bill, continued

common law or in any other way.’.

David Howarth

56


Clause  152,  page  100,  line  41,  at end insert—

‘(5A)
No information-sharing order shall be made unless the authority making the order

identifies and publicly declares which existing government policy the order

would further, the evidence for the existence of that policy in the speeches or

remarks of Ministers during the passage of bills in Parliament and a statement of

how the order will further that policy.’.

David Howarth

57


Clause  152,  page  101,  line  8,  at end insert ‘, except that such person must be a

public authority for the purposes of section 6 of the Human Rights Act, and no power

granted under this subsection shall be used to authorise any person further to share data;’.

David Howarth

58


Clause  152,  page  101,  leave out lines 13 and 14.

David Howarth

59


Clause  152,  page  101,  leave out lines 18 and 19.

David Howarth

60


Clause  152,  page  101,  leave out line 21.

David Howarth

61


Clause  152,  page  101,  leave out line 21 and insert—

‘(h)
modify any statutory instrument made under the Data Protection Act or

any statutory instrument made under any other enactment, but may not

modify any statute or any rule of common law.’.

Andrew Mackinlay

23


Page  100,  line  1,  leave out Clause 152.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

17


Clause  39,  page  24,  line  2,  after ‘another’, insert ‘(“V”)’.

Public Bill Committee: 5 February 2009
25

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

18


Clause  39,  page  24,  line  3,  after ‘D’, insert ‘or V’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

19


Clause  40,  page  24,  line  24,  after ‘another’, insert ‘(“V”)’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

20


Clause  40,  page  24,  line  25,  after ‘D’, insert ‘or V’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

2

Clause  41,  page  25,  line  18,  after ‘adduced’, insert ‘by the defendant, whether or

not deliberately or, if adduced by another, relied upon by the defendant,’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

3

Clause  42,  page  25,  line  35,  at end insert ‘(provided that D’s fear of serious

violence must have been aroused within a period that was in all the circumstances

reasonably proximate to the killing of V)’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

4

Clause  42,  page  25,  line  39,  at end insert ‘, and

(c)
was done or said within a period that was in all the circumstances

reasonably proximate to the killing of V’.

Public Bill Committee: 5 February 2009
26

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

5

Clause  42,  page  25,  line  41,  at end insert ‘so long as they occurred within a period

that was in all the circumstances reasonably proximate to the killing of V’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

6

Clause  42,  page  25,  line  42,  leave out subsection (6).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

7

Clause  42,  page  26,  line  7,  leave out paragraph (c).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

8

Page  26,  line  11,  leave out Clause 43.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

9

Clause  46,  page  27,  line  7,  leave out ‘capable of encouraging or assisting’ and

insert ‘that encourages or assists’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

10

Clause  46,  page  27,  line  24,  leave out ‘is capable of encouraging or assisting’ and

insert ‘that encourages or assists’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

12

Clause  47,  page  28,  line  6,  leave out ‘capable of encouraging or assisting’ and

insert ‘that encourages or assists’.

Public Bill Committee: 5 February 2009
27

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

13

Clause  47,  page  28,  line  23,  leave out ‘is capable of encouraging or assisting’ and

insert ‘encourages or assists’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

14

Schedule  10,  page  140,  line  15,  leave out ‘is capable of encouraging or assisting’

and insert ‘encourages or assists’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

15

Schedule  10,  page  140,  line  34,  leave out ‘is capable of encouraging or assisting’

and insert ‘encourages or assists’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

16

Schedule  10,  page  142,  line  31,  leave out from ‘information’ to end of line 33 and

insert ‘encouraged or assisted suicide or an attempt at suicide, and was provided with that

intention, or’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

72


Clause  49,  page  29,  line  11,  leave out ‘disgusting’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

73


Page  34,  line  5,  leave out Clause 58.

Public Bill Committee: 5 February 2009
28

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

74


Clause  59,  page  34,  line  19,  at end insert—

‘(c)
grievous bodily harm with intent contrary to Section 18 of the Offences

Against the Person Act 1861.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

75


Clause  59,  page  34,  line  20,  after ‘death’, insert ‘or injury’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

76


Clause  59,  page  34,  line  20,  leave out ‘or both’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

77


Clause  59,  page  34,  line  23,  at end insert—

‘(c)
any other weapon or means of causing injury including but not limited to

hands and feet.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

78


Clause  61,  page  35,  line  14,  leave out ‘justice of the peace’ and insert ‘Crown court

judge’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

79


Clause  61,  page  36,  line  24,  at end insert ‘and summary conviction to a fine not

exceeding standard scale (5) or to a term of imprisonment not exceeding 6 months or to

both.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

80


Clause  62,  page  36,  line  31,  leave out ‘justice of the peace’ and insert ‘Crown court

Public Bill Committee: 5 February 2009
29

Coroners and Justice Bill, continued

judge’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

81


Clause  62,  page  37,  line  9,  leave out ‘justice’ and insert ‘judge’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

82


Clause  63,  page  37,  line  31,  leave out subsection (4).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

83


Clause  63,  page  37,  line  40,  leave out paragraph (b).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

84


Clause  64,  page  38,  line  20,  leave out ‘Crown’ and insert ‘High’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

85


Clause  65,  page  39,  line  5,  leave out ‘Crown’ and insert ‘High’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

86


Clause  89,  page  53,  line  16,  at end add—

Public Bill Committee: 5 February 2009
30

Coroners and Justice Bill, continued

‘(6)
A live link direction shall not be given in the absence of the accused’s consent

unless the court is satisfied that he or his legal representative has been informed

by the court or the prosecution of the nature and purpose of the live link hearing.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

91


Clause  91,  page  54,  line  12,  leave out from ‘constable’ to ‘of’ and insert ‘must

record or cause to be recorded all’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

87


Clause  91,  page  54,  line  16,  after ‘searched’, insert ‘unless that person consents to

being searched by a police officer of the opposite sex or a police officer of the rank of

Inspector or above concludes that a same-sex search would be impractical, that any such

search can be carried out without causing racial, religious or sexual offence and that

unreasonably to insist on a same-sex search would unnecessarily delay the bail hearing.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

88


Clause  92,  page  56,  line  37,  at end add—

‘(4)
For the avoidance of doubt, an enforcement hearing relating to a confiscation

order under this section does not include a contested application for a confiscation

order.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

89


Clause  96,  page  57,  line  27,  leave out sub-paragraph (db).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

90


Clause  96,  page  57,  line  29,  leave out paragraph (b).