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Public Bill Committee: 5 February 2009                  

31

 

Coroners and Justice Bill, continued

 
 

Bridget Prentice

 

30

 

Parliamentary Star    

Schedule  20,  page  206,  line  37,  at end insert—

 

‘Investigation by former coroner

 

            

A person who—

 

(a)    

was appointed as a coroner under section 1 of the 1988 Act, and

 

(b)    

ceased to hold office as such before the coming into force of the repeal

 

by this Act of that section,

 

            

is to be treated for the purposes of paragraph 2(1B) of Schedule 8 as having

 

held office as a senior coroner.’.

 


 

NEW CLAUSES

 

Coroner for treasure and assistant coroners for treasure

 

Mr Henry Bellingham

 

Mr Edward Garnier

 

Jeremy Wright

 

Mr Tim Boswell

 

NC1

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Lord Chancellor may appoint a coroner, to be known as the Coroner for

 

Treasure.

 

(2)    

The Chief Coroner may designate one or more assistant coroners to act as

 

Assistant Coroners for Treasure.

 

(3)    

The Lord Chancellor may by regulation make provision in relation to the Coroner

 

for Treasure and Assistant Coroners for Treasure.’.

 


 

Investigations in relation to treasure

 

Mr Henry Bellingham

 

Mr Edward Garnier

 

Jeremy Wright

 

Mr Tim Boswell

 

NC2

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Coroner for Treasure must conduct an investigation in relation to an object

 

in respect of which notification is given under section 8(1) or 8A(1) of the

 

Treasure Act 1996 (c. 24) (but this is subject to section [Exception to duty to

 

investigate]).

 

(2)    

The Coroner for Treasure may conduct an investigation in relation to an object

 

which he has reason to suspect is treasure and in respect of which notification has


 
 

Public Bill Committee: 5 February 2009                  

32

 

Coroners and Justice Bill, continued

 
 

not been given under section 8(1) or 8A(1) of that Act (but this is subject to

 

section 38).

 

(3)    

The purpose of an investigation in relation to an object under this section is to

 

ascertain—

 

(a)    

whether the object is treasure, and

 

(b)    

if it is treasure, who found it, where it was found and when it was found.

 

(4)    

Senior coroners, area coroners and assistant coroners are to have no functions in

 

relation to objects which are or may be treasure (but this is subject to paragraph

 

11 of Schedule 2 which enables an assistant coroner acting as an Assistant

 

Coroner for Treasure to perform functions of the Coroner for Treasure).’.

 


 

Inquests in relation to treasure

 

Mr Henry Bellingham

 

Mr Edward Garnier

 

Jeremy Wright

 

Mr Tim Boswell

 

NC3

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Coroner for Treasure may, as part of an investigation in relation to an object

 

under section [Investigations in relation to treasure], hold an inquest in relation

 

to the object.

 

(2)    

Such an inquest must be held without a jury.’.

 


 

Outcome of investigations in relation to treasure

 

Mr Henry Bellingham

 

Mr Edward Garnier

 

Jeremy Wright

 

Mr Tim Boswell

 

NC4

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

After considering the evidence in the case of an investigation in relation to an

 

object under section [Investigations in relation to treasure] which is conducted

 

without an inquest, the Coroner for Treasure must make a determination as to the

 

matters mentioned in subsection (3)(a) and (where applicable) (3)(b) of that

 

section.

 

(2)    

After hearing the evidence in the case of an investigation in relation to an object

 

under section [Investigations in relation to treasure] which is conducted with an

 

inquest, the Coroner for Treasure must make a determination as to the matters

 

mentioned in subsection (3)(a) and (where applicable) (3)(b) of that section.’.

 



 
 

Public Bill Committee: 5 February 2009                  

33

 

Coroners and Justice Bill, continued

 
 

Exception to duty to investigate

 

Mr Henry Bellingham

 

Mr Edward Garnier

 

Jeremy Wright

 

Mr Tim Boswell

 

NC5

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

This section applies where—

 

(a)    

the Coroner for Treasure is conducting, or proposes to conduct, an

 

investigation in relation to an object under section [Investigations in

 

relation to treasure], and

 

(b)    

if the object were in fact treasure, it would vest in the Crown by virtue of

 

section 4(1)(b) of the Treasure Act 1996 (c. 24).

 

(2)    

The Secretary of State may give notice in writing to the Coroner for Treasure that

 

he would not wish the object, if it were in fact treasure, to vest in the Crown.

 

(3)    

Such a notice may be given only before the making of a determination under

 

section [Outcome of investigations in relation to treasure].

 

(4)    

Where such a notice is given—

 

(a)    

it is to be treated as disclaiming any title that the Crown may have to the

 

object,

 

(b)    

the object is to be treated as not having vested in the Crown under the

 

Treasure Act 1996,

 

(c)    

the Coroner for Treasure may not conduct an investigation in relation to

 

the object under section [Investigations in relation to treasure] or (as the

 

case may be) continue with such an investigation, and

 

(d)    

without prejudice to the interests or rights of others, the object may be

 

delivered to any person in accordance with a code of practice published

 

under section 11 of the Treasure Act 1996.’.

 


 

Codes of practice under the Treasure Act 1996

 

Mr Henry Bellingham

 

Mr Edward Garnier

 

Jeremy Wright

 

Mr Tim Boswell

 

NC6

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

A code of practice under section 11 of the Treasure Act 1996 may make provision

 

in relation to objects in respect of which notice is given under section [Exception

 

to duty to investigate](2).

 

(2)    

No civil liability on the part of the Coroner for Treasure arises where he delivers

 

any object, or takes any other action, in accordance with a code of practice under

 

section 11 of that Act.’.

 



 
 

Public Bill Committee: 5 February 2009                  

34

 

Coroners and Justice Bill, continued

 
 

Amendments of the Treasure Act 1996

 

Mr Henry Bellingham

 

Mr Edward Garnier

 

Jeremy Wright

 

Mr Tim Boswell

 

NC7

 

Parliamentary Star    

To move the following Clause:—

 

‘The Lord Chancellor may by regulations make amendments to the Treasure Act

 

1996 in connection with investigations etc.’.

 


 

Transfer of the office of coroner of the Queen’s household

 

Mr Henry Bellingham

 

Mr Edward Garnier

 

Jeremy Wright

 

Mr Tim Boswell

 

NC8

 

Parliamentary Star    

To move the following Clause:—

 

‘The office of coroner of the Queen’s household will, at the retirement of the

 

present incumbent, be transferred to the Chief Coroner.’.

 


 

Deaths occuring abroad

 

Mr Henry Bellingham

 

Mr Edward Garnier

 

Jeremy Wright

 

Mr Tim Boswell

 

NC9

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The following provisions shall have effect in connection with the investigation of

 

deaths of British subjects occuring abroad.

 

(2)    

When the body is returned to a coroner’s area, the senior coroner must conduct

 

an investigation, when one is appropriate, under the Coroners Act.

 

(3)    

When there is no body, or when the body has been buried or cremated outside

 

England or Wales, the relatives of the deceased may, within six months of the

 

death (or the presumed date of the death), apply to the Chief Coroner for an

 

investigation to be held.

 

(4)    

It shall be the duty of the UK consular authorities for the country where the death

 

occurred to draw the attention of anyone reporting the death to them to the

 

arrangements for investigation, and to liaise with local public agencies to ensure


 
 

Public Bill Committee: 5 February 2009                  

35

 

Coroners and Justice Bill, continued

 
 

that all material facts connected with the death are ascertained and

 

communicated.’.

 


 

Certified investigations

 

David Howarth

 

NC10

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State may apply to the High Court for a certificate ordering that

 

an inquest be held in camera.

 

(2)    

The Secretary of State may only apply for a certificate if he is satisfied that it

 

would be necessary to prevent material or information being disclosed whose

 

disclosure would be seriously detrimental to national security.

 

(3)    

The court may only grant the certificate if it is satisfied—

 

(a)    

that granting the certificate is necessary to prevent material or

 

information being disclosed whose disclosure would be seriously

 

detrimental to national security; and

 

(b)    

that other measures short of granting a certificate would not be adequate

 

to prevent such disclosure.

 

(4)    

Where the court grants a certificate, the following provisions apply—

 

(a)    

Chapter 2 of Part 3 of this Act (witness anonymity orders) shall apply as

 

if a coroner’s court were a court for the purposes of that Chapter, as if the

 

proceedings at an inquest were criminal proceedings for the purpose of

 

that Chapter, and as if references to the prosecutor in that Chapter

 

included a reference to the Secretary of State;

 

(b)    

the Lord Chief Justice may appoint a judge of the High Court to act as

 

coroner for the case, and a judge so appointed shall have the same

 

functions and powers in relation to the body and the investigation as

 

would be the case if he or she were the senior coroner in whose area the

 

body was situated;

 

(c)    

the jury may be subject to checking in accordance with the Attorney

 

General’s Guidelines on Jury Checks.

 

(5)    

If a just has already been summoned when a certificate is issued, that jury must

 

be discharged and a new jury summoned.

 

(6)    

The certificate may require that part of the inquest be held in camera and part in

 

public, and the court must only issue a certificate requiring the whole of an

 

inquest to be held in camera if that is necessary to prevent material or information

 

being disclosed whose disclosure would be seriously detrimental to national

 

security.

 

(7)    

Where a certificate has been issued under this section, the coroner or judge may

 

at any time, taking into account whether any witness anonymity orders have been

 

made, admit to the proceedings any interested person he may specify, provided

 

that he is satisfied that doing so will not lead to material or information being

 

disclosed whose disclosure would be seriously detrimental to national security.

 

(8)    

Where a decision made by a judge conducting an investigation by virtue of this

 

section gives rise to an appeal under section 30, that section has effect as if

 

references in it to the Chief Coroner were references to a judge of the Court of

 

Appeal nominated by the Lord Chief Justice.


 
 

Public Bill Committee: 5 February 2009                  

36

 

Coroners and Justice Bill, continued

 
 

(9)    

A reference in this section or section 12 to conducting an investigation, in the case

 

of an investigation that has already begun, is to be read as a reference to

 

continuing to conduct it.’.

 

 

Order of the House [26 January 2009]

 

That the following provisions shall apply to the Coroners and Justice Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 5 March 2009.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [3 February 2009]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

 

3 February) meet—

 

(a)  

at 4.00 pm on Tuesday 3 February;

 

(b)  

at 9.00 am and 1.00 pm on Thursday 5 February;

 

(c)  

at 10.30 am and 4.00 pm on Tuesday 10 February;

 

(d)  

at 10.30 am and 4.00 pm on Tuesday 24 February;

 

(e)  

at 9.00 am and 1.00 pm on Thursday 26 February;

 

(f)  

at 10.30 am and 4.00 pm on Tuesday 3 March;

 

(g)  

at 9.00 am and 1.00 pm on Thursday 5 March;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table—


 
 

Public Bill Committee: 5 February 2009                  

37

 

Coroners and Justice Bill, continued

 
 

      TABLE

 

Date

Time

Witness

 
 

Tuesday 3 February

Until no later than

Ministry of Justice

 
  

12.20 pm

  
 

Tuesday 3 February

Until no later than

Law Commission

 
  

1.00 pm

  
 

Tuesday 3 February

Until no later than

The Coroners’ Society of

 
  

5.30 pm

England and Wales;

 
   

INQUEST; the Royal

 
   

College of Pathologists;

 
   

Cardiac Risk in the

 
   

Young

 
 

Tuesday 3 February

Until no later than

Liberty

 
  

6.15 pm

  
 

Tuesday 3 February

Until no later than

National Society for the

 
  

7.00 pm

Prevention of Cruelty to

 
   

Children; Barnardo’s;

 
   

Internet Watch

 
   

Foundation

 
 

Thursday 5 February

Until no later than

The Magistrates’

 
  

10.25 am

Association; NACRO;

 
   

Victim Support; Prison

 
   

Reform Trust

 
 

Thursday 5 February

Until no later than

Keir Starmer QC,

 
  

1.40 pm

Director of Public

 
   

Prosecutions

 
 

Thursday 5 February

Until no later than

The Law Society; the

 
  

2.30 pm

Criminal Bar Association

 
 

Thursday 5 February

Until no later than

Justice for Women

 
  

3.00 pm

  
 

Thursday 5 February

Until no later than

Information

 
  

4.00 pm

Commissioner’s Office

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 14; Schedule 1; Clauses 15 to 21; Schedule 2;

 

Clause 22; Schedule 3; Clauses 23 and 24; Schedule 4; Clause 25; Schedule

 

5; Clause 26; Schedule 6; Clause 27; Schedule 7; Clauses 28 to 31; Schedule

 

8; Clauses 32 to 38; Schedule 9; Clauses 151 to 154; Schedule 18; Clauses 39

 

to 48; Schedule 10; Clauses 49 to 55; Schedule 11; Clauses 56 to 82;

 

Schedule 12; Clauses 83 to 100; Schedule 13; Clauses 101 to 119; Schedule

 

14; Clauses 120 to 124; Schedule 15; Clauses 125 to 131; Schedule 16;

 

Clauses 132 to 147; Schedule 17; Clauses 148 to 150; Clauses 155 and 156;

 

Schedules 19 and 20; Clause 157; Schedule 21; Clauses 158 to 162; new

 

Clauses; new Schedules; remaining proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 4.00 pm on Thursday 5 March.


 
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Revised 5 February 2009