House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 3 March 2009
387

Coroners and Justice Bill, continued

(i)
making recommendations as to the inclusion or insertion of a

condition in the prisoner’s licence (including by making a

recommendation that no condition should be included in that

licence), or

(ii)
making recommendations as to the variation or cancellation of

any such condition (including a recommendation that the

condition should not be varied or cancelled).

      (4)
Nothing in this paragraph applies to a person whose licence has, before

commencement, ceased to be in force by virtue of section 37(1) of the 1991

Act.

      (5)
In this section—

(a)
“commencement” means the commencement of section [Transfer to

Parole Board of certain functions under the Criminal Justice Act

1991](3);

(b)
“the 1991 Act” means the Criminal Justice Act 1991 (c. 53) (as it

continues to apply to persons sentenced for offences committed before

4 April 2005);

(c)
the reference in sub-paragraph (1)(a) to section 35(1) of the 1991 Act

includes a reference to that provision as modified (for certain long-

term prisoners) by the Parole Board (Transfer of Functions) Order

1998 (S.I. 1998/3218);

(d)
the references in sub-paragraphs (2)(a) and (3)(a) to section 35(1) are

to that provision as so modified;

(e)
the references in sub-paragraphs (2) and (3) to section 37(5) of the

1991 Act are to that provision as so modified.’.

Bridget Prentice

352

Schedule  21,  page  218,  line  37,  at end insert—

‘Criminal Justice Act 1991 (c. 53)
Section 37(5) and (6).

Section 50.’.

Bridget Prentice

354

Schedule  21,  page  219,  line  9,  at end insert—

‘In section 270B—

(a)
in subsection (6), the “or” following

paragraph (a);

(b)
in subsection (10), the “and” following

paragraph (a).’.

Public Bill Committee: 3 March 2009
388

Coroners and Justice Bill, continued

Bridget Prentice

353

Schedule  21,  page  219,  line  9,  at end insert—

‘Criminal Justice and Immigration
Section 27.’.

Act 2008 (c.4)

Bridget Prentice

331

Clause  160,  page  112,  line  16,  at end insert ‘(except sections 136(1) and (2), 148(2)

and 149 and Schedule 17)’.

Bridget Prentice

332

Clause  160,  page  112,  line  29,  after ‘8’, insert ‘, 13(2)’.

Bridget Prentice

333

Clause  160,  page  112,  line  34,  leave out ‘Paragraph 30’ and insert ‘Paragraphs 29

and 30’.

Bridget Prentice

334

Clause  160,  page  113,  line  5,  after ‘3,’, insert ‘and paragraph 59B of Schedule 19’.

Bridget Prentice

335

Clause  160,  page  113,  line  5,  after ‘16’, insert ‘, 16A, 16B’.

Bridget Prentice

336

Clause  160,  page  113,  line  5,  after ‘17’, insert ‘and 17A’.

Bridget Prentice

337

Clause  161,  page  113,  line  17,  leave out ‘85’ and insert ‘86’.

Bridget Prentice

338

Clause  161,  page  113,  line  43,  at end insert—

‘( )
paragraphs 59A to 59C of Schedule 19 (and section 156(1) so far as

relating to those provisions);’.

Bridget Prentice

339

Clause  161,  page  113,  line  44,  after ‘16’, insert ‘, 16A, 16B’.

Public Bill Committee: 3 March 2009
389

Coroners and Justice Bill, continued

Bridget Prentice

340

Clause  161,  page  113,  line  44,  after ‘17’, insert ‘and 17A’.

NEW CLAUSES

Anonymity in investigations: public interest immunity

Bridget Prentice

NC30

To move the following Clause:—

‘Nothing in this Chapter affects the common law rules as to the withholding of

information on the grounds of public interest immunity.’.

Transfer to Parole Board of certain functions under the Criminal Justice Act 1991

Bridget Prentice

NC31

To move the following Clause:—

‘(1)
Part 2 of the Criminal Justice Act 1991 (c. 53) (as it continues to apply to persons

sentenced for offences committed before 4th April 2005) is amended as follows.

(2)
In section 35 (power to release long-term prisoners), for subsection (1)

substitute—

“(1)
After a long-term prisoner has served one-half of his sentence, the

Secretary of State shall, if recommended to do so by the Board, release

him on licence.”

(3)
In section 37 (duration and conditions of licences)—

(a)
omit subsection (5),

(b)
after that subsection insert—

“(5A)
The Secretary of State shall not include on release, or

subsequently insert, a condition in the licence of a long-term

prisoner to whom section 35(1) applies, or vary or cancel any

such condition, except in accordance with recommendations of

the Board.”, and

(c)
omit subsection (6).

(4)
The reference in subsection (2) above to section 35(1) and the reference in

subsection (3)(a) above to section 37(5) each includes a reference to that

provision as modified (for certain long-term prisoners) by the Parole Board

(Transfer of Functions) Order 1998 (S.I. 1998/3218).’.

Public Bill Committee: 3 March 2009
390

Coroners and Justice Bill, continued

Coroner for treasure and assistant coroners for treasure

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Jenny Willott

NC1

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 regulations 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

Mr James Gray

Jenny Willott

NC2

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

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 any

provision which may be made by regulations under section [Coroner for treasure

and assistant coroners for treasure] which enables an assistant coroner acting as

an Assistant Coroner for Treasure to perform functions of the Coroner for

Treasure).’.

Public Bill Committee: 3 March 2009
391

Coroners and Justice Bill, continued

Inquests in relation to treasure

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Jenny Willott

NC3

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

Mr James Gray

Jenny Willott

NC4

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.’.

Exception to duty to investigate

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Jenny Willott

NC5

To move the following Clause:—

Public Bill Committee: 3 March 2009
392

Coroners and Justice Bill, continued

‘(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

Mr James Gray

Jenny Willott

NC6

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: 3 March 2009
393

Coroners and Justice Bill, continued

Amendments of the Treasure Act 1996

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Jenny Willott

NC7

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

Mr James Gray

NC8

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

Mr James Gray

NC9

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.