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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.

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Coroners and Justice Bill, continued

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)—

(a)	a certificate signed by or on behalf of the prosecutor and stating

the date on which evidence sufficient in his opinion to warrant

the proceedings came to his knowledge shall be conclusive

evidence of that fact; and

(b)	a certificate stating that matter and purporting to be so signed

shall be deemed to be so signed unless the contrary is proved.

(3)	For the purposes of sections 8A and 8B “the relevant maximum” is—

(a)	in England and Wales, 51 weeks;

(b)	in Northern Ireland, three months.

(4)	In relation to an offence committed before the commencement of

paragraph 48 of Schedule 26 to the Criminal Justice Act 2003 (c. 44), the

reference in subsection (3)(a) to 51 weeks is to be read as a reference to

three months.”’.

Orders under the Protection from Harassment Act 1997

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

NC34

To move the following Clause:—

‘A court sentencing or otherwise dealing with a person (“the defendant”)

convicted or acquitted of an offence—

(a)	of grievous bodily harm contrary to sections 18 or 20 of the Offences

Against the Person Act 1861;

(b)	of any offence contrary to section 21 of the Offences Against the Person

Act 1861;

(c)	of any offence contrary to sections 22, 23, 24 or 25 of the Offences

Against the Person Act 1861;

(d)	of actual bodily harm contrary to section 47 of the Offences Against the

Person Act 1861;

(e)	of common assault contrary to section 39 of the Criminal Justice Act

1988; or

(f)	of a racially or religiously aggravated offence contrary to section 29 of

the Crime and Disorder Act 1998

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Coroners and Justice Bill, continued

may, as well as sentencing him or dealing with him in any other way, make an

order under sections 5 or 5A, as appropriate, of the Protection from Harassment

Act 1997.’.

Responsibility for publication of prohibited image

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

NC35

To move the following Clause:—

‘(1)	A person has a defence if—

(a)	he was not the author, editor or publisher of the prohibited image,

(b)	he took reasonable care in relation to its publication, and

(c)	he did not know, and had no reason to believe, that what he did caused or

contributed to the publication of the prohibited image.

(2)	For this purpose “author”, “editor” and “publisher” have the following meanings,

which are futher explained in subsection (3)—

“author” means the originator of the image, but does not include a person

who did not intend that an image originated by him be published at all;

“editor” means a person having editorial or equivalent responsibility for the

content of the image or the decision to publish it; and

“publisher” means a commercial publisher, that is, a person whose business

is issuing material to the public, or a section of the public, who issues

material containing the image in the course of that business.

(3)	A person shall not be considered the author, editor or publisher of an image if he

is only involved—

(a)	in printing, producing, distributing or selling printed material containing

the image;

(b)	in processing, making copies of, distributing, exhibiting or selling a film

or sound recording (as defined in Part I of the Copyright, Designs and

Patents Act 1988) containing the image;

(c)	in processing, making copies of, distributing or selling any electronic

medium in or on which the image is recorded, or in operating or

providing any equipment, system or service by means of which the

statement is retrieved, copied, distributed or made available in electronic

form;

(d)	as the broadcaster of a live programme containing the image in

circumstances in which he has no effective control over the maker of the

image;

(e)	as the operator of or provider of access to a communications system by

means of which the image is transmitted, or made available, by a person

over whom he has no effective control.

In a case not within paragraphs (a) to (e) the court may have regard to those

provisions by way of analogy in deciding whether a person is to be considered the

author, editor or publisher of a statement.

(4)	Employees or agents of an author, editor or publisher are in the same positions as

their employer or principal to the extent that they are responsible for the content

of the image or the decision to publish it.

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532

Coroners and Justice Bill, continued

(5)	In determining for the purposes of this section whether a person took reasonable

care, or had reason to believe that what he did caused or contributed to the

publication of a prohibited image, regard shall be had to—

(a)	the extent of his responsibility for the content of the image or the decision

to publish it,

(b)	the nature or circumstances of the publication, and

(c)	the previous conduct or character of the author, editor or publisher.

(6)	This section does not apply to any publication which arose before the section

came into force.

(7)	For the avoidance of doubt, the burden of proving or disproving, as the case may

be, any of the facts or matters in subsections (1) to (6) above is on the

prosecution.’.

Guidance on offences involving hatred on grounds of sexual orientation

David Howarth

Jenny Willott

NC36

To move the following Clause:—

‘(1)	The Secretary of State must issue guidance explaining the operation of the

offences under Part 3A of the Public Order Act 1986 (c. 64) that involve hatred

on the grounds of sexual orientation.

(2)	When considering whether to consent to a prosecution for an offence falling

within subsection (1), the Attorney General must have particular regard to—

(a)	guidance issued under subsection (1), and

(b)	the importance of the rights to freedom of expression, freedom of

thought, conscience and religion, respect for private and family life and

freedom of assembly and association provided by the European

Convention on Human Rights.’.

Prosecution not to disclose identity of witness to other defendants

David Howarth

Jenny Willott

NC37

To move the following Clause:—

‘Notwithstanding anything in the Criminal Proceedings and Investigations Act

1996 or any other rule of law about disclosure of material by a prosecutor to the

defence, where an order is made following an application under section 70(3) in

a case in which there is more than one defendant, the prosecutor shall not disclose

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533

Coroners and Justice Bill, continued

to the other defendants the identity of the witness covered by the order or any

information that might enable the witness to be identified.’.

Abolition of rule in Hollington v. Hewthorn

David Howarth

NC38

To move the following Clause:—

‘Notwithstanding any rule of common law to the contrary, a finding of fact in

legal proceedings before any court or tribunal is admissible as evidence of the

existence of that fact in legal proceedings before any other court or tribunal.’.

Bridget Prentice

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

OrderS of the House [26 January and 4 march 2009]

That the following provisions shall apply to the Coroners and Justice Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 10 March 2009.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

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Coroners and Justice Bill, continued

OrderS of the Committee [3 February And 5 MARCH 2009]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

3 February) meet—

(a)	at 4.00 pm on Tuesday 3 February;

(b)	at 9.00 am and 1.00 pm on Thursday 5 February;

(c)	at 10.30 am and 4.00 pm on Tuesday 10 February;

(d)	at 10.30 am and 4.00 pm on Tuesday 24 February;

(e)	at 9.00 am and 1.00 pm on Thursday 26 February;

(f)	at 10.30 am and 4.00 pm on Tuesday 3 March;

(g)	at 9.00 am and 1.00 pm on Thursday 5 March;

(h)	at 10.30 am and 4.00 pm on Tuesday 10 March;

(2)	the Committee shall hear oral evidence in accordance with the following

Table—

      TABLE

	Date	Time	Witness
	Tuesday 3 February	Until no later than	Ministry of Justice
		12.20 pm
	Tuesday 3 February	Until no later than	Law Commission
		1.00 pm
	Tuesday 3 February	Until no later than	The Coroners’ Society of
		5.30 pm	England and Wales;
			INQUEST; the Royal
			College of Pathologists;
			Cardiac Risk in the
			Young
	Tuesday 3 February	Until no later than	Liberty
		6.15 pm
	Tuesday 3 February	Until no later than	National Society for the
		7.00 pm	Prevention of Cruelty to
			Children; Barnardo’s;
			Internet Watch
			Foundation
	Thursday 5 February	Until no later than	The Magistrates’
		10.25 am	Association; NACRO;
			Victim Support; Prison
			Reform Trust
	Thursday 5 February	Until no later than	Keir Starmer QC,
		1.40 pm	Director of Public
			Prosecutions
	Thursday 5 February	Until no later than	The Law Society; the
		2.30 pm	Criminal Bar Association
	Thursday 5 February	Until no later than	Justice for Women
		3.00 pm
	Thursday 5 February	Until no later than	Information
		4.00 pm	Commissioner’s Office

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Coroners and Justice Bill, continued

(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 14; Schedule 1; Clauses 15 to 21; Schedule 2;

Clause 22; Schedule 3; Clauses 23 and 24; Schedule 4; Clause 25; Schedule

5; Clause 26; Schedule 6; Clause 27; Schedule 7; Clauses 28 to 31; Schedule

8; Clauses 32 to 38; Schedule 9; Clauses 151 to 154; Schedule 18; Clauses 39

to 48; Schedule 10; Clauses 49 to 55; Schedule 11; Clauses 56 to 82;

Schedule 12; Clauses 83 to 100; Schedule 13; Clauses 101 to 119; Schedule

14; Clauses 120 to 124; Schedule 15; Clauses 125 to 131; Schedule 16;

Clauses 132 to 147; Schedule 17; Clauses 148 to 150; Clauses 155 and 156;

Schedules 19 and 20; Clause 157; Schedule 21; Clauses 158 to 162; new

Clauses; new Schedules; remaining proceedings on the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 10.00 pm on Tuesday 10 March.

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Revised 10 March 2009