House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Notices of Amendments: 19 February 2009
133

Coroners and Justice Bill, continued

“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.

(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;

Notices of Amendments: 19 February 2009
134

Coroners and Justice Bill, continued

(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)—

(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.”’.

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr James Gray

Mr Tim Boswell

372

Clause  151,  page  99,  line  30,  leave out ‘without the approval of the Secretary of

State’ and insert ‘until the code has been approved by a resolution of each House of

Parliament’.

Notices of Amendments: 19 February 2009
135

Coroners and Justice Bill, continued

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr James Gray

Mr Tim Boswell

373

Clause  151,  page  97,  line  2,  at end insert—

‘(1A)
If a data controller has failed to comply with an assessment notice as requires

steps to be taken, the Information Commissioner may certify in writing to the

court that the government department or public authority has failed to comply

with that notice.

(1B)
For the purposes of this section, a data controller which, in purported compliance

with an information notice—

(a)
makes a statement which it knows to be false in a material respect, or

(b)
recklessly makes a statement which is false in a material respect,


is to be taken to have failed to comply with the notice.

(1C)
Where a failure to comply is certified under subsection (13)(a), the court may

inquire into the matter and, after hearing any witness who may be produced

against or on behalf of the public authority, and after hearing any statement that

may be offered in defence, deal with the authority as if it had committed a

contempt of court.

(1D)
In subsections (1A) to (1C), “the court” means the High Court or, in Scotland, the

Court of Session.’.

Orders under the Protection from Harrassment Act 1997

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

NC34

To move the following Clause:—

‘(1)
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


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 Harrassment

Act 1997.

Notices of Amendments: 19 February 2009
136

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

374

Clause  80,  page  45,  line  34,  after ‘court’, insert ‘a coroner’s court,’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

375

Clause  80,  page  45,  line  35,  after first ‘Court’, insert ‘the High Court’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

376

Clause  80,  page  46,  line  1,  after ‘court’, insert ‘a coroner’s court,’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

377

Clause  70,  page  41,  line  14,  at end insert—

‘(1A)
An application for a witness anonymity order to be made in relation to a witness

in a coroner’s inquest may be made to the coroner with the coroner’s permission

by any party appearing at the inquest.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

378

Clause  70,  page  42,  line  2,  at end insert—

‘(9)
Where an application either for permission to make an application for a witness

anonymity order or for a witness anonymity order is made to a coroner by a party

appearing at an inquest that party—

(a)
must (unless the coroner directs otherwise) inform the coroner of the

identity of the witness, but

(b)
is not required to disclose in connection with the application—

(i)
the identity of the witness, or

(ii)
any information that may enable the witness to be identified,


to any other party to the proceedings or his or her legal representatives.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

379

Clause  70,  page  42,  line  2,  at end insert—

‘(9)
The court may in its descretion appoint counsel to assist it when considering an

application for permission to make an application for a witness anonymity order

or an application for a witness anonymity order.’.

Notices of Amendments: 19 February 2009
137

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

380

Clause  70,  page  42,  line  2,  at end insert—

‘(9)
The provisions set out in subsections (4) to (9) inclusive apply as appropriate to

applications to a coroner as they do to applications in criminal cases.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

381

Clause  71,  page  42,  line  5,  after ‘proceedings’, insert ‘or an inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

382

Clause  71,  page  42,  line  13,  leave out ‘or otherwise’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

383

Clause  71,  page  42,  line  15,  after ‘trial’, insert ‘or the inquest being conducted in a

manner consistent with the interests of the parties before it being treated fairly.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

384

Clause  72,  page  42,  line  33,  after ‘proceedings’, insert ‘or a party appearing at an

inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

385

Clause  72,  page  42,  line  39,  after ‘defendant’, insert ‘resolving the issues in the

inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

386

Clause  72,  page  43,  line  1,  after ‘case’, insert ‘or inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

387

Clause  72,  page  43,  line  4,  after ‘defendant’, insert ‘, or the witness and any party

appearing at the inquest or any associates of any party appearing at the inquest’.

Notices of Amendments: 19 February 2009
138

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

388

Clause  72,  page  43,  line  9,  after ‘indictment’, insert ‘or at an inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

389

Clause  73,  page  43,  line  12,  after the first and second ‘judge’, insert ‘or coroner’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

390

Clause  73,  page  43,  line  14,  after ‘defendant’, insert ‘or a party appearing at the

inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

391

Clause  74,  page  43,  line  18,  after ‘proceedings’, insert ‘or inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

392

Clause  74,  page  43,  line  31,  after second ‘proceedings’, insert ‘or party appearing

at the inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

393

Clause  75,  page  43,  line  41,  after first ‘proceedings’, insert ‘or at an inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

394

Clause  75,  page  44,  line  18,  after ‘defendant’, insert ‘or a party appearing’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

395

Clause  76,  page  44,  line  28,  after second ‘proceedings)’, insert ‘or an inquest’.

Notices of Amendments: 19 February 2009
139

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

396

Clause  76,  page  44,  line  33,  at end insert ‘or (c) the verdict or any finding of fact or

law by the coroner or inquest jury, as the case may be, is reviewed by the appeal court.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

397

Clause  76,  page  44,  line  41,  after ‘proceedings’, insert ‘or appearing at the inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

398

Clause  76,  page  45,  line  3,  after ‘proceedings’, insert ‘or a party appearing at the

inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

399

Clause  76,  page  45,  line  7,  at end insert —

‘(2A)
The High Court (Queen’s Bench Division),’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

400

Clause  39,  page  24,  line  9,  at end insert—

‘( )
A person (“D”) who kills or is party to the killing of another is not to be convicted

of murder if D was under the age of eighteen and his developmental immaturity—

(a)
substantially impaired D’s ability to do one or more of the things

mentioned in subsection (1A), and

(b)
provides an explanation for D’s acts and omissions in doing or being a

party to the killing.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

401

Clause  39,  page  24,  line  14,  after ‘(1)(c)’, insert ‘, and subsection ( )(b)’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

402

Clause  39,  page  24,  line  15,  after ‘functioning’, insert ‘or D’s developemental

immaturity’.