109

House of Commons

Notices of Amendments

given on

Thursday 12 February 2009

For other Amendment(s) see the following page(s):

Coroners and Justice Bill Committee 55-94, 95-98 and 99-107

Public Bill Committee

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Coroners and Justice Bill

Jenny Willott

258

Clause  28,  page  14,  line  33,  leave out ‘may’ and insert ‘shall’.

Regulations about senior coroner standards

Jenny Willott

NC28

To move the following Clause:—

‘The Chief Coroner may, from time to time, with the consent of the Lord

Chancellor, publish minimum standards relating to the service to be provided by

senior coroners.’.

Guidance about salaries and fees

Jenny Willott

NC29

To move the following Clause:—

‘The Chief Coroner may, from time to time, with the consent of the Lord

Chancellor, publish guidance for local authorities regarding the level of salary for

senior coroners and area coroners, and of fees for assistant coroners.’.

Jenny Willott

259

Schedule  3,  page  126,  line  23,  at end add ‘in accordance with standards and

guidance produced by the Chief Coroner’.

Notices of Amendments: 12 February 2009

110

Coroners and Justice Bill, continued

Jenny Willott

260

Schedule  3,  page  124,  line  41,  leave out ‘not’.

Jenny Willott

261

Clause  23,  page  14,  line  4,  leave out ‘(b) and (c)’.

Jenny Willott

262

Schedule  6,  page  132,  line  22,  leave out ‘(or on behalf of)’ and insert ‘the relevant

local authority, on behalf of’.

Jenny Willott

263

Schedule  6,  page  132,  line  25,  leave out ‘(or on behalf of)’ and insert ‘the relevant

local authority, on behalf of’.

Jenny Willott

264

Schedule  6,  page  133,  line  3,  leave out ‘(or on behalf of)’ and insert ‘the relevant

local authority, on behalf of’.

Jenny Willott

265

Schedule  6,  page  133,  line  25,  leave out from ‘coroners’ to end of line 26.

Bridget Prentice

266

Clause  41,  page  25,  line  24,  after ‘could’, insert ‘reasonably’.

Bridget Prentice

267

Clause  60,  page  35,  line  8,  leave out ‘person or body’ and insert ‘body or other

person’.

Bridget Prentice

268

Clause  61,  page  35,  line  16,  leave out ‘assisted or was’ and insert ‘is or was able

or’.

Bridget Prentice

269

Clause  61,  page  35,  line  29,  leave out from ‘that’ to ‘the’ in line 30 and insert ‘the

information disclosed is information that might enable the specified person to be

identified as a person of the sort described in subsection (1)(a) in relation to’.

Bridget Prentice

270

Clause  61,  page  35,  line  37,  leave out from first ‘is’ to ‘willing’ and insert ‘a person

who is or was able or’.

Notices of Amendments: 12 February 2009

111

Coroners and Justice Bill, continued

Bridget Prentice

271

Clause  61,  page  35,  line  41,  leave out paragraphs (a) and (b) and insert—

‘(a)	the disclosure is made to a person who is involved in the specified

qualifying criminal investigation or in the prosecution of an offence to

which the investigation relates, and’.

Bridget Prentice

272

Clause  61,  page  36,  line  4,  leave out ‘was’ and insert ‘is’.

Bridget Prentice

273

Clause  61,  page  36,  line  5,  after ‘prosecution’, insert ‘of an offence to which the

investigation relates’.

Bridget Prentice

274

Clause  61,  page  36,  line  6,  leave out subsection (8).

Bridget Prentice

275

Clause  61,  page  36,  line  22,  leave out from ‘liable’ to end of line 24 and insert ‘—

(a)	on summary conviction, to imprisonment for a term not exceeding the

relevant period or a fine not exceeding the statutory maximum, or both;

(b)	on conviction on indictment, to imprisonment for a term not exceeding 5

years or a fine, or both.

(11A)

“The relevant period” means—

(a)	in relation to England and Wales, 12 months;

(b)	in relation to Northern Ireland, 6 months.’.

Bridget Prentice

276

Clause  61,  page  36,  line  25,  leave out subsection (12).

Bridget Prentice

277

Clause  63,  page  38,  line  1,  leave out ‘willing to assist or as having assisted’ and

insert ‘a person who is or was able or willing to assist’.

Bridget Prentice

278

Clause  64,  page  38,  line  32,  leave out subsection (5) and insert—

‘(5)	The judge to whom an appeal is made must consider afresh the application for an

investigation anonymity order and section 62(3) to (5) applies accordingly to the

determination of the application by the judge.

(6)	In the application of section 62(5) by virtue of subsection (5), the reference in

section 62(5) to the designated officer in relation to a justice of the peace is to be

read—

(a)	in the case of an appeal made in England and Wales, as a reference to the

appropriate officer of the Crown Court;

Notices of Amendments: 12 February 2009

112

Coroners and Justice Bill, continued

(b)	in the case of an appeal made in Northern Ireland, as a reference to the

chief clerk of the county court division in which the appeal is made.’.

Bridget Prentice

279

Clause  65,  page  39,  line  3,  leave out ‘may’ and insert ‘is entitled to’.

Bridget Prentice

280

Clause  65,  page  39,  line  4,  at end insert—

‘( )	If an application to discharge an investigation anonymity order is made by a

person other than the person specified in the order, the justice may not determine

the application unless—

(a)	the person specified in the order has had an opportunity to oppose the

application, or

(b)	the justice is satisfied that it is not reasonably practicable to communicate

with the person.’.

Bridget Prentice

281

Clause  65,  page  39,  line  5,  after second ‘to’, insert ‘a judge of’.

Bridget Prentice

282

Clause  65,  page  39,  line  7,  leave out subsection (6) and insert—

‘(6)	If during the proceedings a party indicates an intention to appeal against a

determination to discharge the investigation anonymity order, a justice of the

peace who makes such a determination must provide for the discharge of the

order not to have effect until the appeal is determined or otherwise disposed of.’.

Bridget Prentice

283

Clause  68,  page  40,  line  17,  leave out paragraph (b).

Bridget Prentice

284

Clause  68,  page  40,  leave out line 19 and insert ‘references to a judge of the Crown

Court are to be read as references’.

Bridget Prentice

285

Clause  82,  page  47,  leave out lines 14 to 17 and insert—

‘(6)	For the purposes of subsection (5) an offence is a relevant offence if it is an

offence described in Schedule 1A.

(7)	The Secretary of State may by order amend Schedule 1A.’.

Bridget Prentice

286

Schedule  12,  page  146,  line  40,  at end insert—

Notices of Amendments: 12 February 2009

113

Coroners and Justice Bill, continued

‘Murder and manslaughter

A1	Murder in a case where it is alleged that a firearm or knife was used to cause

the death in question.

B1	Manslaughter in a case where it is alleged that a firearm or knife was used to

cause the death in question.

C1	Murder or manslaughter in a case (other than a case falling within paragraph

A1 or B1) where it is alleged that—

(a)	the accused was carrying a firearm or knife at any time during the

commission of the offence, and

(b)	a person other than the accused knew or believed at any time during

the commission of the offence that the accused was carrying a firearm

or knife.

Offences against the Person Act 1861 (c. 100)

D1	An offence under section 18 of the Offences against the Person Act 1861

(wounding with intent to cause grievous bodily harm etc) in a case where it is

alleged that a firearm or knife was used to cause the wound or harm in

question.

E1	An offence under section 20 of that Act (malicious wounding) in a case where

it is alleged that a firearm or knife was used to cause the wound or inflict the

harm in question.

F1	An offence under section 38 of that Act (assault with intent to resist arrest) in

a case where it is alleged that a firearm or knife was used to carry out the

assault in question.

G1	An offence under section 47 of the Offences against the Person Act 1861

(assault occasioning actual bodily harm) in a case where it is alleged that a

firearm or knife was used to inflict the harm in question.

H1	An offence under section 18, 20, 38 or 47 of the Offences against the Person

Act 1861 in a case (other than a case falling within any of paragraphs D1 to

G1) where it is alleged that—

(a)	the accused was carrying a firearm or knife at any time during the

commission of the offence, and

(b)	a person other than the accused knew or believed at any time during

the commission of the offence that the accused was carrying a firearm

or knife.’.

Bridget Prentice

287

Schedule  12,  page  148,  line  3,  at end insert—

‘21A	A reference in any of paragraphs A1 to H1 to an offence (“offence A”)

includes—

(a)	a reference to an attempt to commit offence A in a case where it is

alleged that it was attempted to commit offence A in the manner or

circumstances described in that paragraph,

(b)	a reference to a conspiracy to commit offence A in a case where it is

alleged that the conspiracy was to commit offence A in the manner or

circumstances described in that paragraph,

(c)	a reference to an offence under Part 2 of the Serious Crime Act 2007

in relation to which offence A is the offence (or one of the offences)

which the person intended or believed would be committed in a case

where it is alleged that the person intended or believed offence A

Notices of Amendments: 12 February 2009

114

Coroners and Justice Bill, continued

would be committed in the manner or circumstances described in that

paragraph, and

(d)	a reference to aiding, abetting, counselling or procuring the

commission of offence A in a case where it is alleged that offence A

was committed, or the act or omission charged in respect of offence A

was done or made, in the manner or circumstances described in that

paragraph.’.

Bridget Prentice

288

Schedule  12,  page  148,  line  4,  leave out ‘this Schedule’ insert ‘any of paragraphs 1

to 21’.

Bridget Prentice

289

Schedule  12,  page  148,  line  12,  at end insert—

‘Interpretation

In this Schedule—

“firearm” has the meaning given by section 57 of the Firearms Act 1968;

“knife” has the meaning given by section 10 of the Knives Act 1997.” ’.

Bridget Prentice

290

Clause  92,  page  56,  line  10,  leave out from ‘where’ to ‘must’ in line 11 and insert

‘it has power to do so a court decides not to give a live link direction under this section, it’.

Bridget Prentice

291

Clause  99,  page  59,  line  40,  leave out ‘fitness to plead’ and insert ‘whether the

accused did the act or made the omission charged’.

Bridget Prentice

292

Schedule  13,  page  150,  line  2,  leave out sub-paragraph (1).

Bridget Prentice

293

Clause  102,  page  61,  line  11,  at end insert—

‘(ba)

the Justice Select Committee of the House of Commons (or, if there

ceases to be a committee of that name, such committee of the House of

Commons as the Lord Chancellor directs);’.

Bridget Prentice

294

Clause  104,  page  63,  line  12,  at end insert—

‘(ba)

the Justice Select Committee of the House of Commons (or, if there

ceases to be a committee of that name, such committee of the House of

Commons as the Lord Chancellor directs);’.

Notices of Amendments: 12 February 2009

115

Coroners and Justice Bill, continued

Bridget Prentice

295

Clause  105,  page  63,  line  38,  leave out ‘or’ and insert ‘to’.

Bridget Prentice

296

Clause  105,  page  63,  line  41,  leave out ‘or’ and insert ‘to’.

Bridget Prentice

297

Clause  106,  page  64,  line  24,  leave out from ‘so’ to end of line 25.

Bridget Prentice

298

Clause  110,  page  67,  leave out line 23 and insert—

‘(a)	the frequency with which, and extent to which, courts depart from

sentencing guidelines;’.

Bridget Prentice

299

Clause  115,  page  69,  line  38,  leave out from ‘may’ to end of line 39 and insert

‘provide the Council with such assistance as it requests in connection with the

performance of its functions.’.

Bridget Prentice

300

Schedule  15,  page  160,  line  38,  at end insert—

‘(9)	For the purposes of subsection (10) “foreign service offence” means an offence

which—

(a)	was the subject of proceedings under the service law of a country outside

the United Kingdom, and

(b)	would constitute an offence under the law of England and Wales or a

service offence (“the corresponding domestic offence”) if it were done in

England and Wales by a member of Her Majesty’s forces at the time of

the trial for the offence with which the defendant is now charged (“the

current offence”).

(10)	Where a defendant has been found guilty of a foreign service offence (“the

previous service offence”), for the purposes of subsection (2)—

(a)	the previous service offence is an offence of the same description as the

current offence if the corresponding domestic offence is of that same

description, as set out in subsection (4)(a);

(b)	the previous service offence is an offence of the same category as the

current offence if the current offence and the corresponding domestic

offence belong to the same category of offences prescribed as mentioned

in subsection (4)(b).

(11)	In this section—

“Her Majesty’s forces” has the same meaning as in the Armed Forces Act

2006;

“service law”, in relation to a country outside the United Kingdom, means

the law governing all or any of the naval, military or air forces of that

country.”’.

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Revised 13 February 2009