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Index to Coroners And Justice Bill

INTRODUCTION SUMMARY BACKGROUND Part 1 - Coroners etc Part 2 - Criminal Offences Part 3 - Criminal Procedure Part 4 - Sentencing Part 5 - Miscellaneous Criminal Justice Provisions Part 7 - Criminal Memoirs etc Part 8 - Data Protection Act 1998 TERRITORIAL EXTENT THE BILL Clause 2: Request for other coroner to conduct investigation Clause 3: Direction for other coroner to conduct investigation Clause 4: Discontinuance where cause of death revealed by post-mortem examination Clause 5: Matters to be ascertained Clause 6: Duty to hold inquest Clause 7: Whether jury required Clause 8: Assembling a jury Clause 9: Determinations and findings by jury Clause 10: Determinations and findings to be made Clause 11: certified investigations: investigation by judge, inquest without a jury Clause 12: Discontinuance of certification Clause 13: Intercept evidence Clause 14 and Schedule 1: Duty or power to suspend or resume investigations Paragraph 1: Suspension of investigation where certain criminal charges may be brought Paragraph 2: Suspension where certain criminal proceedings are brought Paragraph 3: Suspension pending inquiry under Inquiries Act 2005 Paragraph 4: General power to suspend Paragraph 5: Effect of suspension Paragraph 6: Resumption of investigation suspended under paragraph 1 Paragraph 7: Resumption of investigation suspended under paragraph 2 Paragraph 8: Resumption of investigation suspended under paragraph 3 Paragraph 9: Resumption of investigation under paragraph 4 Paragraph 10: Supplemental Clause 15: Post-mortem examinations Clause 16: Power to remove body Clause 17: Notification by medical practitioner to senior coroner Clause 18: Medical examiners Clause 20: Investigations concerning treasure Clause 21 and Schedule 2: Coroner areas Clause 22: Appointment of senior coroners, area coroners and assistant coroners etc Part 1 - Appointment of senior, area and assistant coroners Part 2 - Qualifications of senior, area and assistant coroners Part 3 - Vacancies, and functions of area and assistant coroners Part 4 - Terms of office of senior, area and assistant coroners Clause 23: Provision of staff and accommodation Clause 24 and Schedule 4: Powers of senior coroner Paragraph 1: Power to require evidence to be given or produced Paragraph 2: Privileged information etc Paragraph 3: Power of entry, search and seizure Paragraph 4: Power of entry, search and seizure: supplemental Paragraph 5: Exhumation of body for examination Paragraph 6: Action to prevent other deaths Clause 25 and Schedule 5: Offences Clause 26 and Schedule 6: Allowances, fees, expenditure and reimbursement Clause 27 and Schedule 7: Chief Coroner and Deputy Chief Coroners Clause 28: Regulations about training Clause 29: Inspection of coroner system Clause 30: Appeals to the Chief Coroner Clause 31 and Schedule 8: Investigation by Chief Coroner or by judge at Chief Coroner’s invitation Clause 32: Guidance by the Lord Chancellor Clause 33: Coroners regulations Clause 34: Coroners rules Clause 35: Abolition of the office of coroner of the Queen’s household Clause 36: “Interested person” Clause 37: Interpretation: general Clause 38 and Schedule 9: Amendments to the Coroners Act (Northern Ireland) 1959 Part 2- Criminal Offences Clause 40: Persons suffering from diminished responsibility (Northern Ireland) Clause 41: Partial defence to murder: loss of control Clause 42: Meaning of “qualifying trigger” Clause 43: Abolition of common law defence of provocation Clause 44: Infanticide (England and Wales) Clause 45: Infanticide (Northern Ireland) Clause 46: Encouraging or assisting suicide: England and Wales Clause 47: Encouraging or assisting suicide (Northern Ireland) Clause 48 and Schedule 10: Encouraging or assisting suicide: providers of information society services Clause 49: Prohibited images Clause 50: Exclusion of classified film, etc Clause 51: Defences Clause 52: Meaning of “image” and “child” Clause 53: Penalties Clause 54: Entry, search, seizure and forfeiture Clause 55 and Schedule 11: Special rules relating to providers of information society services Clause 56: Indecent pseudo-photographs of children: marriage etc Clause 57: Conspiracy Clause 58: Hatred against persons on grounds of sexual orientation Part 3 - Criminal Procedure Clause 59: Qualifying offences Clause 60: Qualifying criminal investigations Clause 61: Investigation anonymity orders Clause 62: Applications Clause 63: Conditions for making order Clause 64: Appeal against refusal of order Clause 65: Discharge of order Clause 66: Delegation of functions Clause 67: Application to armed forces Clause 68: Interpretation Chapter 2: Anonymity of Witnesses Clause 70: Applications Clause 71: Conditions for making order Clause 72: Relevant considerations Clause 73: Warning to jury Clause 74: Discharge or variation of order Clause 75: Discharge or variation after proceedings Clause 76: Discharge or variation by appeal court Clause 77: Special provisions for service courts Clause 78: Public interest immunity Clause 79: Power to make orders under the 2008 Act Clause 80: Interpretation Chapter 3: Vulnerable and Intimidated Witnesses Clause 82: Eligibility for special measures: offences involving weapons Clause 83: Special measures directions for child witnesses Clause 84: Special provisions relating to certain sexual offences Clause 85: Evidence by live link: presence of supporter Clause 86: Video recorded evidence in chief: supplementary testimony Clause 87: Examination of accused through intermediary Clause 88: Age of child complainant Chapter 4: Live Links Clause 90: Answering to live link bail Clause 91: Searches of persons answering to live link bail Clause 92: Use of live link in certain enforcement hearings Clause 93: Direction of registrar for appeal hearing by live link Chapter 5: Miscellaneous Clause 95: Admissibility of evidence of previous complaints Clause 96: Powers in respect of offenders who assist investigations and prosecutions Clause 97: Bail: assessment of risk of committing an offence causing injury Clause 98: Bail decisions in murder cases to be made by a Crown Court judge Clause 99: Indictment of offenders Part 4 - Sentencing Clause 101: Annual Report Clause 102: Sentencing guidelines Clause 103: Sentencing guidelines: sentence ranges Clause 104: Allocation guidelines Clause 105: Preparation or revision of sentencing or allocation guidelines in urgent cases Clause 106: Guidelines: proposals by Lord Chancellor etc Clause: 107: Sentencing Guidelines: duty of court Clause 108: Determination of tariffs etc Clause 109: Resource implications of guidelines Clause 110: Monitoring Clause 111: Promoting awareness and dialogue Clause 112: Resources: effect of sentencing practice Clause 113: Resources: effect of factors not related to sentencing Clause 114: Duty to assess impact of policy and legislative proposals Clause 115: Assistance by Lord Chancellor Clause 116: Entrenchment of Lord Chancellor’s functions Clause 117: Abolition of existing sentencing bodies Clause 118: Interpretation of this Chapter Clause 119 and Schedule 14: Extension of driving disqualification Clause 120: Dangerous offenders: terrorism offences (England and Wales) Clause 121: Dangerous offenders: terrorism offences (Northern Ireland) Part 5 - Miscellaneous Criminal Justice Provisions Clause 123: Implementation of E-Commerce and Services directives: penalties Clause 124 and Schedule 15: Treatment of convictions in other member States etc Admission of evidence as to bad character of a defendant Bail Decision as to allocation Seriousness Required custodial sentences for certain offences Restriction on imposing custodial sentence or service detention Young offenders: referral conditions Proving of foreign convictions before courts Clause 125: Retention of knives surrendered or seized: England and Wales Clause 126: Retention of knives surrendered or seized: Northern Ireland Clause 127: Security in tribunal buildings Part 6 - Legal Aid Clause 128: Community Legal Service: pilot schemes Clause 129: Excluded services: help in connection with business matters Clause 130: Criminal Defence Service: information requests Clause 131 and Schedule 16: Criminal Defence Service: enforcement of order to pay cost of representation Clause 132: Statutory instruments relating to Legal Services Commission Part 7 - Criminal Memoirs etc Clause 134: Qualifying offenders Clause 135: Qualifying offenders: service offences Clause 136: Qualifying offenders: supplementary Clause 137: Relevant offences Clause 138: Deriving a benefit Clause 139: Applications Clause 140: Determination of applications Clause 141: Limits on recoverable amount Clause 142: The available amount Clause 143: Property Clause 144: Effect of conviction being quashed Clause 145: Powers of court on repeat applications Clause 146: Additional proceeds reporting orders Clause 147 and Schedule 17: Exploitation proceeds investigations Clause 148: Functions of Serious Organised Crime Agency Clause 149: Limitation Clause 150: Interpretation of Part 7 Part 8 - Data Protection Act 1998 Clause 152: Information Sharing Clause 153: Data-sharing code of practice Clause 154 and Schedule 18: Further amendments of the Data Protection Act 1998 Data Controllers’ Registration Assessment notices Power to require information Restriction on the use of information Monetary penalties: restriction on matters to be taken into account Part 9 - General Clause 156 and Schedules 19 and 20: Consequential etc. amendments and transitional and saving provisions Schedule 19: Minor and consequential amendments Part 7 - Disqualification for Driving Schedule 20 transitory, transitional and saving provisions Clause 157 and Schedule 21: Repeals and revocations Clause 159: Effect of amendments to criminal justice provisions applied for the purposes of service law. Clause 160: Extent Clause 161: Commencement COMMENCEMENT FINANCIAL EFFECTS OF THE BILL Part 1 - Coroners etc Part 3 - Criminal Evidence, Investigations and Procedure Part 4 - Sentencing Part 5 - Miscellaneous Criminal Justice Provisions Part 7 - Criminal Memoirs etc Part 8 - Data Protection Act 1998 EFFECTS OF THE BILL ON PUBLIC SECTOR MANPOWER SUMMARY OF IMPACT ASSESSMENTS EUROPEAN CONVENTION ON HUMAN RIGHTS Criminal Justice Act 2003 sections 103 and 108(2) Criminal Justice and Public Order Act 1994 section 25 ANNEX A

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