|
|
| |
| |
|
| |
| |
| |
| For other Amendment(s) see the following page(s):
|
|
| Coroners and Justice Bill Committee 17-38 |
|
| |
| Coroners and Justice Bill |
|
| |
| | |
| Clause 23, page 14, line 6, at end insert— |
|
| | ‘(4A) | A senior coroner may report to the Lord Chancellor any failing by a relevant |
|
| | authority to discharge its duties under subsection (1). |
|
| | (4B) | The Lord Chancellor may from time to time publish guidance about the procedure |
|
| | for resolving any matter of dispute relating to a report made to him pursuant to |
|
| | |
| | (4C) | The Lord Chancellor may give a direction requiring the senior coroner, and the |
|
| | relevant authority to take action within a period specified in the direction to |
|
| | resolve any matter of dispute relating to a report made to him pursuant to |
|
| | |
| |
| | |
| Schedule 4, page 129, line 30, at end insert— |
|
| | ‘7 (1) | A person who fails to comply with the duty in paragraph 6(2) commits an |
|
| | |
| | (2) | A person guilty of an offence under this paragraph is liable on summary |
|
| | conviction to a fine not exceeding level 5 on the standard scale. |
|
| | 8 (1) | A senior coroner shall send to the Chief Coroner a copy of all— |
|
| | (i) | reports referred to in paragraph 6(1); and |
|
| | (ii) | responses referred to in paragraph 6(2). |
|
| | (2) | The Chief Coroner shall maintain a register of all the material he receives |
|
| | pursuant to sub-paragraph (1) and shall from time to time publish a summary |
|
| | |
| | (i) | the reports and responses referred to in sub-paragraph (1) subject to |
|
| | appropriate protection of confidential data; and |
|
|
|
| |
| |
|
| | (ii) | his analysis of the conclusions to be drawn from them with regard to |
|
| | reducing the risk of death. |
|
| | (3) | The Chief Coroner shall send copies of the reports he publishes pursuant to |
|
| | |
| | (i) | the Lord Chancellor; and |
|
| | |
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Access to Justice Act 1999 (c. 22) is amended as follows. |
|
| | (2) | In Schedule 2, paragraph 2(1), after sub-sub-paragraph (e) insert— |
|
| | “(ea) | any coroner’s court”.’. |
|
| |
| |
| |
| |
| |
| | |
| Clause 7, page 4, line 29, at end insert— |
|
| | ‘(2A) | Any person falling within subsection 36(2)(a) or (b) may make a request to the |
|
| | senior coroner that a jury be assembled for the purposes of an inquest.’. |
|
| |
| |
| |
| |
| |
| | |
| Clause 7, page 4, leave out lines 22 to 24 and insert— |
|
| | ‘(aa) | that the deceased died at a centre for provision of medical treatment, and |
|
| | the coroner feels there are reasonable grounds for an inquest’. |
|
| |
| |
| |
| |
| |
| | |
| Clause 30, page 16, line 13, at end insert ‘(including a decision under section |
|
| |
| |
| |
| |
| |
| |
| | |
| Clause 7, page 4, line 19, leave out from ‘if’ to end of line 24 and insert ‘the |
|
|
|
| |
| |
|
| coroner has reason to believe— |
|
| | (a) | that the deceased died in custody or otherwise in state detention; or |
|
| | (aa) | that the deceased died whilst serving in the armed forces; or |
|
| | (ab) | that the deceased died at a centre for provision of medical treatment, and |
|
| | the coroner has a duty to investigate the death within section 1,’. |
|
| |
| |
| | |
| Clause 7, page 4, line 37, at end add— |
|
| | ‘(5) | In all cases where a jury is required for the purposes of an inquest, any interested |
|
| | person will be entitled to legal representation at the inquest, funded by the Legal |
|
| | |
| |
| |
| | |
| Clause 30, page 16, line 21, at end insert— |
|
| | ‘(k) | a decision not to allow legal representation funded by the Legal Services |
|
| | Commission to assist anyone falling within section 36(2)(a).’. |
|
| |
| |
| | |
| Clause 70, page 41, line 44, at end insert— |
|
| | ‘(7A) | On any application for a witness anonymity order, the court must consider |
|
| | whether the appointment of special counsel to assist the court in deciding whether |
|
| | to grant the order would contribute significantly to the fairness of the |
|
| | proceedings; and if the court decides not to appoint special counsel, the court |
|
| | |
| |
| |
| | |
| Clause 36, page 20, line 18, at end insert— |
|
| | ‘(aa) | a legal professional, if one has been appointed for the purposes of |
|
| | |
| |
| |
| | |
| Schedule 4, page 129, line 28, at end insert— |
|
| | ‘(1A) | Where the senior coroner considers that a report under this paragraph is likely to |
|
| | result from the inquest, the family of the deceased shall be entitled to legal |
|
| | representation funded by the Legal Services Commission.’. |
|
| |
| |
| | |
| Clause 6, page 4, line 14, at end insert— |
|
| | ‘(2) | Subject to subsection (1), the senior coroner responsible for the inquest must |
|
| | notify any interested person as soon as practicable that they are entitled to be |
|
| | assisted at all times by a legal representative. |
|
|
|
| |
| |
|
| | (2B) | Any legal representation shall be fully funded by the Legal Services |
|
| | |
| | Legal representation of bereaved families |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | |
| | (a) | the inquest is to be held with a jury; or |
|
| | (b) | the deceased died whilst in custody or otherwise detained by the state; or |
|
| | (c) | the deceased died at a centre for provision of medical treatment, and the |
|
| | coroner has a duty to investigate the death under section 7(2); or |
|
| | (d) | any other parties participating in the inquest are assisted by a legal |
|
| | |
| | legal representation for bereaved families shall be funded by the Legal Services |
|
| | |
| | Legal representation of bereaved families (No. 2) |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘Means testing shall be waived for legal representation of bereaved families if— |
|
| | (a) | the inquest is to be held with a jury; or |
|
| | (b) | the deceased died whilst in custody or otherwise detained by the state; or |
|
| | (c) | the deceased died at a centre of provision for medical treatment; or |
|
| | (d) | the deceased died whilst serving in the armed forces; and |
|
| | (e) | any other parties participating in the inquest are assisted by a legal |
|
| | |
| |
| | |
| Clause 19, page 11, line 3, at end insert ‘, including an investigation into the drugs |
|
| the deceased had been taking prior to his or her death;’. |
|
| |
| |
| | |
| Clause 151, page 96, line 40, leave out ‘within subsection (2)’. |
|
| |
| |
| | |
| Clause 151, page 97, line 3, leave out subsection (2). |
|
|
|
| |
| |
|
| |
| |
| | |
| Clause 151, page 98, line 24, at end insert— |
|
| | ‘( ) | A County Court may make a compliance order against a data controller if |
|
| | satisfied on application by the Commissioner that— |
|
| | (a) | an assessment notice has been properly made against the date controller, |
|
| | (b) | the data controller has failed without reasonable excuse to comply with |
|
| | |
| | ( ) | A person who fails to comply with a compliance order may be proceeded against |
|
| | |
| |
| |
| | |
| Schedule 18, page 177, line 42, leave out Part 5. |
|
| |
| |
| | |
| Schedule 9, page 139, line 3, leave out from beginning to end of line 6 on page 140. |
|
| |
| |
| | |
| Clause 38, page 23, line 28, leave out from ‘5’ to end of line 29. |
|
| |
| |
| |
| | |
| Clause 42, page 26, line 8, after ‘disregarded’, add ‘unless the fact that the thing |
|
| done or said which constituted sexual infidelity is relevant to other things done or said (or |
|
| both) which do not constitute sexual infidelity but which are put forward as qualifying |
|
| under subsection (4) of this section.’. |
|
| |
| |
| | |
| Clause 5, page 3, line 40, after ‘necessary’, insert ‘in the interests of justice or’. |
|
| |
| |
| | |
| Clause 5, page 4, line 1, after ‘ascertaining’, insert ‘— |
|
| | |
| |
| |
| | |
| Clause 5, page 4, line 2, at end insert— |
|
| | ‘(ii) | whether and to what extent systematic failings were a factor in |
|
| | |
|
|
| |
| |
|
| | (iii) | whether appropriate precautions could have been taken to |
|
| | |
| | (iv) | if a person takes his or her own life, whether this was in whole or |
|
| | in part because the risk of their doing so was not recognised by |
|
| | those acting on behalff of the state; |
|
| | (v) | any other factor relevant to the circumstances in which the |
|
| | deceased came by this or her death.’. |
|
| | National medical adviser to the chief coroner |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State for Health may appoint a person as the National Medical |
|
| | Adviser to the Chief Coroner. |
|
| | (2) | The Secretary of State for Health must consult the Lord Chancellor and the Lord |
|
| | Chief Justice before making an appointment under this section.’. |
|
| | Regulations about training (medical examiners) |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The National Medical Adviser to the Chief Coroner, after consulting the Chief |
|
| | Coroner, may, with the consent of the Secretary of State, make regulations about |
|
| | |
| | |
| | (b) | medical examiners’ officers and other staff assisting persons within |
|
| | |
| | (2) | The regulations may (in particular) makes provisions as to— |
|
| | (a) | the kind of training to be undertaken; |
|
| | (b) | the amount of training to be undertaken; |
|
| | (c) | the frequency with which it is to be undertaken.’. |
|
| | Regulations about standards (medical examiners) |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘The National Medical Adviser to the Chief Coroner, after consulting the Chief |
|
| | Coroner, may, with the consent of the Secretary of State, publish minimum |
|
| | standards relating to the service to be provided by medical examiners.’. |
|
|
|
| |
| |
|
| |
| |
| | |
| Clause 18, page 9, line 29, at end insert ‘to the minimum standards as laid down for |
|
| time to time by the National Medical Adviser to the Chief Coroner,’. |
|
| |
| |
| | |
| Clause 18, page 9, line 23, after ‘Wales)’, insert ‘, after consulting the local senior |
|
| |
| |
| |
| | |
| Clause 23, page 13, line 36, at end insert— |
|
| | ‘(1A) | In making provision under subsection (1), the authority must ensure that the |
|
| | minimum standards laid down from time to time by the Chief Coroner are |
|
| | |
| |
| |
| | |
| Schedule 1, page 118, line 21, at end insert ‘and must be resumed if there is any |
|
| likelihood that not resuming it might breach any Convention rights (within the meaning |
|
| of the Human Rights Act 1998 (c. 42)).’. |
|
| |
| |
| | |
| Schedule 2, page 121, line 11, at end insert— |
|
| | ‘(2A) | Each coroner area is to have the same boundaries as each medical examiner |
|
| | |
| |
| |
| | |
| Schedule 4, page 128, line 41, at end insert— |
|
| | ‘(7) | The Secretary of State must issue a code of practice in connection with the entry |
|
| | and seach of land and the seizure of anything on the land by a senior coroner.’. |
|
| |
| |
| | |
| Schedule 4, page 129, leave out lines 27 and 28 and insert ‘the provisions laid out in |
|
| sub-paragraph (1A) shall apply. |
|
| | (1A) | Those provisions are— |
|
| | (a) | the coroner may may report the matter to a person who the coroner |
|
| | believes may have power to take such action; |
|
| | (b) | the coroner may make recommendations to the person referred to in sub- |
|
| | |
|