Public Bill Committee: 5 March 2009

467

Coroners and Justice Bill, continued

Investigations into deaths: special circumstances

Alun Michael

NC19

To move the following Clause:—

‘Where there are specific circumstances which make it unlikely that a senior

coroner will be able to conduct an investigation or a series of investigations

quickly and effectively, bearing in mind the concerns of the victim’s family or the

wider community, the Chief Coroner shall draw the circumstances to the attention

of the Lord Chancellor who shall make appropriate arrangements to meet the

specific circumstances.’.

Data controller to comply with assessment notice

Alun Michael

NC20

To move the following Clause:—

‘If a data controller fails to meet the requirements of the Information

Commissioner as set out in an assessment notice, the Commissioner may apply

to the county court for an order requiring the data controller to comply with the

notice either in its original form or in such amended form as the court may

require.’.

Data controller to comply with assessment notice (No. 2)

Alun Michael

NC21

To move the following Clause:—

‘If a data controller fails to meet the requirements of the Information

Commissioner as set out in an assessment notice, the Commissioner may apply

to the Information Tribunal for an order requiring the data controller to comply

with the notice either in its original form or in such amended form as the court

may require.’.

Public Bill Committee: 5 March 2009

468

Coroners and Justice Bill, continued

Bail: public protection to be an explicit consideration

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

NC22

To move the following Clause:—

‘In Part 1 of Schedule 1 to the Bail Act 1976 (c. 63) (defendants accused or

convicted of imprisonable offences) after paragraph 2(1)(a) insert—

“(aa)

pose a risk to public safety, or”.’.

Prohibiting bail owing to previous convictions for most serious offences

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

NC23

To move the following Clause:—

‘(1)	In section 25 of the Criminal Justice and Public Order Act 1994 (c. 33) (no bail

for defendants charged with or convicted of homicide or rape after previous

conviction of such offences) for subsection (2) subsitute—

“(2)	This section applies, subject to subsection (3) below, to any of the serious

violent offences in Part 1 of Schedule 15 and to any of the specified

sexual offences in Part 2 of Schedule 15 to the Criminal Justice Act

2003.”

(2)	In consequence of the amendment made by subsection (1), the title of section 25

of that Act is amended by the substitution of “serious violent offence or sexual

offence” for “homicide or rape”.’.

Removing presumption of bail for convicted but unsentenced prisoners

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

NC24

To move the following Clause:—

‘(1)	In section 4 of the Bail Act 1976 (c. 63) (general right to bail of accused persons

and others), omit subsection (4) (a person who is convicted of an offence and

whose case is adjourned etc).

(2)	In Part 1 of Schedule 1 to the Bail Act 1976 (c. 63) (defendants accused or

convicted of imprisonable offences), after paragraph 6 insert—

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Coroners and Justice Bill, continued

“6ZA	The defendant need not be granted bail if he has been convicted but not

yet sentenced for an imprisonable offence.”.’.

Removing presumption of bail for prolific or persistent offenders

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

NC25

To move the following Clause:—

‘In Part 1 of Schedule 1 to the Bail Act 1976 (c. 63) (defendants accused or

convicted of imprisonable offences) after paragraph 6 insert—

“6ZB	The defendant need not be granted bail if he is 18 years or over, has

been sentenced for recordable offences by the Crown Court or a

magistrates’ court on thee or more occassions, and within 3 years of

the date of the pronouncement of the last such sentence by a court in

England and Wales is subsequently arrested (or had information laid

against him) for a further recordable offence.”.’.

Removing presumption of bail for those previously convicted of breaching bail

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

NC26

To move the following Clause:—

‘In Part 1 of Schedule 1 to the Bail Act 1976 (c. 63) (defendants accused or

convicted of imprisonable offences) after paragraph 6 insert—

“6ZC	The defendant need not be granted bail if he has previously been

convicted for breaching bail whether by failing to abide by bail

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

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

Public Bill Committee: 5 March 2009

470

Coroners and Justice Bill, continued

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—

(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

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Coroners and Justice Bill, continued

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:—

‘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.’.

Public Bill Committee: 5 March 2009

472

Coroners and Justice Bill, continued

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

(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.

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Coroners and Justice Bill, continued

(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.

8C	Offences: further provision

(1)	Proceedings for an offence under section 8, 8A or 8B may be brought

within the period of six months from the date on which evidence

sufficient in the opinion of the prosecutor to warrant the proceedings

came to his knowledge; but no such proceedings may be brought by

virtue of this subsection more than three years after the commission of

the offence.

(2)	For the purposes of subsection (1)—

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Revised 5 March 2009