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Coroners and Justice Bill, continued

would be the case if he or she were the senior coroner in whose area the

body was situated;

(c)	the jury may be subject to checking in accordance with the Attorney

General’s Guidelines on Jury Checks.

(5)	If a jury has already been summoned when a certificate is issued, that jury must

be discharged and a new jury summoned.

(6)	The certificate may require that part of the inquest be held in camera and part in

public, and the court must only issue a certificate requiring the whole of an

inquest to be held in camera if that is necessary to prevent material or information

being disclosed whose disclosure would be seriously detrimental to national

security.

(7)	Where a certificate has been issued under this section, the coroner or judge may

at any time, taking into account whether any witness anonymity orders have been

made, admit to the proceedings any interested person he may specify, provided

that he is satisfied that doing so will not lead to material or information being

disclosed whose disclosure would be seriously detrimental to national security.

(8)	Where a decision made by a judge conducting an investigation by virtue of this

section gives rise to an appeal under section 30, that section has effect as if

references in it to the Chief Coroner were references to a judge of the Court of

Appeal nominated by the Lord Chief Justice.

(9)	A reference in this section or section 12 to conducting an investigation, in the case

of an investigation that has already begun, is to be read as a reference to

continuing to conduct it.’.

Community Legal Service

Mr David Kidney

NC11

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”.’.

Legal representation of bereaved families

Mr James Gray

Mr Tim Boswell

NC12

To move the following Clause:—

‘Where—

(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

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Coroners and Justice Bill, continued

(d)	any other parties participating in the inquest are assisted by a legal

professional,

legal representation for bereaved families shall be funded by the Legal Services

Commission.’.

Legal representation of bereaved families (No. 2)

Mr James Gray

Mr Tim Boswell

NC13

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

professional.’.

National medical adviser to the chief coroner

Jenny Willott

David Howarth

NC14

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)

Jenny Willott

David Howarth

NC15

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

the training of—

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Coroners and Justice Bill, continued

(a)	medical examiners;

(b)	medical examiners’ officers and other staff assisting persons within

paragraph (a).

(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)

Jenny Willott

David Howarth

NC16

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.’.

Report to Lord Chancellor

Jenny Willott

David Howarth

NC17

To move the following Clause:—

‘(1)	The Chief Coroner must give to the Lord Chancellor an annual report which—

(a)	contains matters that the Chief Coroner wishes to bring to the attention

of the Lord Chancellor,

(b)	includes matters which the Lord Chancellor has asked the Chief Coroner

to include in the report,

(c)	contains an assessment for that year of the consistency of standards

between the coroner areas,

(d)	contains a summary for that year of the number, nature and outcome of

appeals under section 30, and

(e)	contains a summary of the recommendations made by senior coroners

under paragraph 6(1) of Schedule 4.

(2)	A report covering one year must be given to the Lord Chancellor by 1 July the

following year.

(3)	The Lord Chancellor must publish all reports provided under this section and

must lay a copy before each House of Parliament within 60 days of receiving a

copy of the report.’.

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Commissioner for Victims and Witnesses: further provisions

Alun Michael

NC18

To move the following Clause:—

‘After section 50 of the Domestic Violence, Crime and Victims Act 2004 insert—

“50A	Complaints

(1)	The Commissioner for Victims and Witnesses may receive complaints

from victims and witnesses about the workings of the criminal justice

system and shall either indicate the appropriate body to deal with the

complaint or coordinate consideration of two or more bodies where there

is shared responsibility or a lack of clarity about who is responsible for

the issues about which the complaint is made.

(2)	The Commissioner shall be supplied with a copy of the response of any

such body or bodies and may request that the findings be re-considered.

(3)	The Lord Chancellor may issue guidance to the relevant bodies in the

Criminal Justice System setting out how they should co-operate with the

Commission and with each other in order to provide an appropriate

response to victims and witnesses.’’’.

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

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Coroners and Justice Bill, continued

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.’.

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.”

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Coroners and Justice Bill, continued

(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—

“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.”.’.

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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.”.’.

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

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Revised 24 February 2009