Public Bill Committee: 3 March 2009

401

Coroners and Justice Bill, continued

conditions or by failing to surrender to custody under section [Breach

of bail an offence] of the Coroners and Justice Act 2009.”.’.

Breach of bail an offence

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

NC27

To move the following Clause:—

‘(1)	Subject to subsection (7), an accused who having been granted bail fails without

reasonable excuse—

(a)	to appear at the time and place appointed for him to surrender of which

he has been given due notice, or

(b)	to comply with any other condition imposed on bail,

shall, subject to subsection (3), be guilty of an offence and liable on conviction to

the penalties specified in subsection (2).

(2)	The penalties mentioned in subsection (1) are—

(a)	a fine not exceeding level 3 on the standard scale; and

(b)	imprisonment for a period—

(i)	where conviction is in the magistrates’ court, not exceeding 60

days, or

(ii)	in any other case, not exceeding 12 months.

(3)	Where, and to the extent that, the failure referred to in subsection (1)(b) consists

in the accused having committed an offence while on bail (in this section referred

to as “the subsequent offence”), he shall not be guilty of any offence under that

subsection but, subject to subsection (4), the court which sentences him for the

subsequent offence shall, in determining the appropriate sentence or disposal for

that offence, have regard to—

(a)	the fact that the offence was committed by him while on bail and the

number of bail orders to which he was subject when the offence was

committed;

(b)	any previous conviction of the accused of an offence under subsection

(1)(b); and

(c)	the extent to which the sentence or disposal in respect of any previous

conviction of the accused differed, by virtue of this subsection, from that

which the court would have imposed but for this subsection.

(4)	The court shall not, under subsection (3), have regard to the fact that the

subsequent offence was committed while the accused was on bail unless that fact

is specified in the indictment or, as the case may be, specified in the summons to

the magistrates’ court.

(5)	Where the maximum penalty in respect of the subsequent offence is specified by

or by virtue of any enactment, that maximum penalty may, for the purposes of the

court’s determination by virtue of subsection (3) of the appropriate sentence or

disposal in respect of that offence, be increased—

(a)	where it is a fine, by an amount equivalent to level 3 on the standard

scale, and

(b)	where it is a period of imprisonment—

Public Bill Committee: 3 March 2009

402

Coroners and Justice Bill, continued

(i)	as respects a conviction in the Crown Court, by 12 months, and

(ii)	as respects a conviction in the magistrates’ court, by 60 days,

notwithstanding that the maximum penalty as so increased exceeds the

penalty which it would otherwise be competent for the court to impose.

(6)	Where the sentence or disposal in respect of the subsequent offence is, by virtue

of subsection (3), different from that which the court would have imposed but for

that subsection, the court shall state the extent of and the reasons for that

difference.

(7)	An accused who, having been granted bail in relation to a charge on indictment,

fails without reasonable excuse to appear at the time and place appointed for him

to surrender, of which he has been given due notice, shall be guilty of an offence

and liable on conviction on indictment to the following penalties—

(a)	a fine; and

(b)	imprisonment for a period not exceeding 2 years.

(8)	At any time before the trial of an accused on indictment for the original offence,

the court may on its own initiative, or give permission to the prosecution to,

amend the indictment to include an additional charge of an offence under this

section.

(9)	The penalties provided for in subsection (2) may be imposed in addition to any

other penalty which it is competent for the court to impose, nothwithstanding that

the total of penalties imposed may exceed the maximum penalty which it is

competent to impose in respect of the original offence.

(10)	A court which finds an accused guilty of an offence under this section may remit

the accused for sentence in respect of that offence to any court which is

considering the original offence.

(11)	In this section “the original offence” means the offence with which the accused

was charged when he was granted bail or an offence charged in the same

proceedings as that offence.’.

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:—

Public Bill Committee: 3 March 2009

403

Coroners and Justice Bill, continued

‘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.’.

Removing immunity of government departments from prosecution

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr James Gray

Mr Tim Boswell

NC32

To move the following Clause:—

‘(1)	Section 63 of the Data Protection Act 1998 (application to Crown) is amended as

follows.

(2)	In subsection (5) for “a government department” substitute “the Crown Estate

Commissioners”.’.

Amendment of Treasure Act 1996

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr James Gray

Mr Tim Boswell

NC33

To move the following Clause:—

‘After section 8 of the Treasure Act 1996 (c. 24), insert—

“8A	Duty to notify coroner of acquisition of certain objects

(1)	A person who—

(a)	acquires property in an object, and

(b)	believes or has reasonable grounds for believing—

(i)	that the object is treasure, and

(ii)	that notification in respect of the object has not been

given under section 8(1) of this subsection,

must notify the Coroner for Treasure before the end of the notice period.

(2)	The notice period is fourteen days beginning with—

(a)	the day after he acquires property in the object; or

(b)	if later, the day on which he first believes or has reason to

believe—

(i)	that the object is treasure; and

Public Bill Committee: 3 March 2009

404

Coroners and Justice Bill, continued

(ii)	that notification in respect of the object has not been

given under section 8(1) or subsection (1) of this section.

(3)	Any person who fails to comply with subsection (1) is guilty of an

offence if—

(a)	notification in respect of the object has not been given under

section 8(1) or subsection (1) of this section; and

(b)	there has been no investigation in relation to the object.

(4)	Any person guilty of an offence under this section is liable on summary

conviction to—

(a)	imprisonment for a term not exceeding the relevant maximum;

(b)	a fine of an amount not exceeding level 5 on the standard scale;

or

(c)

both.

(5)	In proceedings for an offence under this section, it is a defence for the

defendant to show he had, and has continued to have, a reasonable excuse

for failing to notify the Coroner for Treasure.

(6)	If the office of Coroner for Treasure is vacant, notification under

subsection (1) must be given to the Chief Coroner.

(7)	In determining for the purposes of this section whether a person has

acquired property in an object, section 4 is to be disregarded.

(8)	In this section “investigation” means an investigation under section

[Investigations in relation to treasure] of the Coroners and Justice Act

2009.

8B	Duty to deliver object to coroner

(1)	Where the Coroner for Treasure is conducting, or proposes to conduct, an

investigation in relation to an object under section [Investigations in

relation to treasure] of the Coroners and Justice Act 2009, he may direct

a person who has control of the object to deliver the object to a designated

person before the end of the period of fourteen days beginning with the

day after the direction is given to him.

(2)	Any person who fails to comply with a direction under subsection (1) is

guilty of an offence and liable on summary conviction to—

(a)	imprisonment for a term not exceeding the relevant maximum;

(b)	a fine of an amount not exceeding level 5 on the standard scale;

or

(c)

both.

(3)	In proceedings for an offence under this section, it is a defence for the

defendant to show he had, and has continued to have, a reasonable excuse

for failing to comply with the direction.

(4)	For the purposes of this section a person has control of an object if he has

possession, or a right to possession, of it; and in determining for those

purposes whether a person has a right to possession of an object, section

4 is to be disregarded.

(5)	In this section “designated person” means a person designated in a code

of practice under section 11.

---

Revised 3 March 2009