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Coroners and Justice Bill, continued

Inquests in relation to treasure

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Jenny Willott

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

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

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

NC5

To move the following Clause:—

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Coroners and Justice Bill, continued

‘(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.’.

Codes of practice under the Treasure Act 1996

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Jenny Willott

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.’.

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Coroners and Justice Bill, continued

Amendments of the Treasure Act 1996

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Jenny Willott

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:—

‘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

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Coroners and Justice Bill, continued

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—

(a)	Chapter 2 of Part 3 of this Act (witness anonymity orders) shall apply as

if a coroner’s court were a court for the purposes of that Chapter, as if the

proceedings at an inquest were criminal proceedings for the purpose of

that Chapter, and as if references to the prosecutor in that Chapter

included a reference to the Secretary of State;

(b)	the Lord Chief Justice may appoint a judge of the High Court to act as

coroner for the case, and a judge so appointed shall have the same

functions and powers in relation to the body and the investigation as

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.

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Coroners and Justice Bill, continued

(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

(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

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(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—

(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:—

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‘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.’.

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.

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Revised 26 February 2009