House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 10 February 2009
81

Coroners and Justice Bill, continued

‘(4)
For the avoidance of doubt, an enforcement hearing relating to a confiscation

order under this section does not include a contested application for a confiscation

order.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

89

Clause  96,  page  57,  leave out lines 27 and 28.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

90

Clause  96,  page  57,  line  29,  leave out paragraph (b).

Alun Michael

150

Clause  100,  page  60,  line  17,  at end insert—

‘(1A)
The purpose of the Council shall be to issue guidance to sentencers, having

particular regard to the effectiveness of each form of sentence in reducing re-

offending.’.

Alun Michael

160

Schedule  13,  page  148,  line  20,  at end insert—

‘(c)
6 members appointed by resolution of the House of Commons.’.

Alun Michael

161

Schedule  13,  page  148,  line  20,  at end insert—

‘(c)
6 members appointed by the Prime Minister (“independent members”).’.

Alun Michael

158

Schedule  13,  page  149,  line  2,  after ‘to’, insert ‘their experience and capacity for

evaluating evidence on the effectiveness of different sentences, and to’.

Alun Michael

162

Schedule  13,  page  149,  line  7,  at end insert—

Public Bill Committee: 10 February 2009
82

Coroners and Justice Bill, continued

‘(5)
When appointing independent members, the Prime Minister shall have regard to

their experience of and capacity for assessing evidence especially in relation to

the effectiveness of sentences in terms of reducing re-offending.’.

Alun Michael

153

Clause  102,  page  60,  line  33,  at end insert—

‘(1A)
In proposing sentencing guidelines the Sentencing Council must have specific

regard to the comparative effectiveness of different sentence options and indicate

the data, research findings or other evidence on which the Council has relied in

preparing its guidance.’.

Alun Michael

151

Clause  102,  page  61,  line  25,  at end insert—

‘(aa)
The relative effectiveness of different sentences in preventing re-

offending;’.

Alun Michael

152

Clause  102,  page  61,  line  28,  leave out ‘and their relative effectiveness in

preventing re-offending.’.

Alun Michael

156

Clause  122,  page  73,  leave out line 35.

Alun Michael

163

Clause  122,  page  73,  leave out line 36.

Alun Michael

157

Clause  122,  page  74,  line  3,  at end insert ‘who shall lay a copy of the report before

Parliament.’.

Bridget Prentice

30

Schedule  20,  page  206,  line  37,  at end insert—

‘Investigation by former coroner


A person who—

Public Bill Committee: 10 February 2009
83

Coroners and Justice Bill, continued

(a)
was appointed as a coroner under section 1 of the 1988 Act, and

(b)
ceased to hold office as such before the coming into force of the repeal

by this Act of that section,


is to be treated for the purposes of paragraph 2(1B) of Schedule 8 as having

held office as a senior coroner.’.

NEW CLAUSES

Coroner for treasure and assistant coroners for treasure

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Jenny Willott

David Howarth

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

David Howarth

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

Public Bill Committee: 10 February 2009
84

Coroners and Justice Bill, continued

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).’.

Inquests in relation to treasure

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Jenny Willott

David Howarth

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

David Howarth

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

Public Bill Committee: 10 February 2009
85

Coroners and Justice Bill, continued

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

David Howarth

NC5

To move the following Clause:—

‘(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.’.

Public Bill Committee: 10 February 2009
86

Coroners and Justice Bill, continued

Codes of practice under the Treasure Act 1996

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Jenny Willott

David Howarth

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.’.

Amendments of the Treasure Act 1996

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Jenny Willott

David Howarth

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:—

Public Bill Committee: 10 February 2009
87

Coroners and Justice Bill, continued

‘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.

(4)
It shall be the duty of the UK consular authorities for the country where the death

occurred to draw the attention of anyone reporting the death to them to the

arrangements for investigation, and to liaise with local public agencies to ensure

that all material facts connected with the death are ascertained and

communicated.’.

Certified investigations

David Howarth

Jenny Willott

NC10

To move the following Clause:—

‘(1)
The Secretary of State may apply to the High Court for a certificate ordering that

an inquest be held in camera.

(2)
The Secretary of State may only apply for a certificate if he is satisfied that it

would be necessary to prevent material or information being disclosed whose

disclosure would be seriously detrimental to national security.

(3)
The court may only grant the certificate if it is satisfied—

(a)
that granting the certificate is necessary to prevent material or

information being disclosed whose disclosure would be seriously

detrimental to national security; and

(b)
that other measures short of granting a certificate would not be adequate

to prevent such disclosure.

(4)
Where the court grants a certificate, the following provisions apply—