House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 24 February 2009
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Coroners and Justice Bill, continued

(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

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:—

Public Bill Committee: 24 February 2009
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Coroners and Justice Bill, continued

‘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.’.

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—

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Coroners and Justice Bill, continued

(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;

(b)
a fine of an amount not exceeding level 5 on the standard scale;

or

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234

Coroners and Justice Bill, continued

(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.”’.

Orders under the Protection from Harrassment 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;

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Coroners and Justice Bill, continued

(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.’.

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;

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Coroners and Justice Bill, continued

(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.

(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.’.

Public Bill Committee: 24 February 2009
237

Coroners and Justice Bill, continued

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

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

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

Bridget Prentice

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

proceedings of the Committee.

Order of the House [26 January 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 Thursday 5 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.