House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Public Bill Committee Proceedings: 10 March 2009
95

Coroners and Justice Bill, continued

‘Criminal Justice and Immigration Act 2008 (c. 4)

86  (1)
The Criminal Justice and Immigration Act 2008 (c. 4) is amended as follows.

      (2)
In section 11(6) and (7) for “(1A)(b)” substitute “(1A)(c)”.

      (3)
In paragraph 76 of Schedule 4—

(a)
in sub-paragraph (3) for “(1A)(a)” substitute “(1A)(b)”;

(b)
in sub-paragraph (5)(b) and (6) for “(1A)(b)” (in each place it occurs)

substitute “(1A)(c)”.’.

Schedule, as amended, Agreed to.

Bridget Prentice

Agreed to  343

Schedule  20,  page  206,  line  16,  at end insert—

‘(3A)
A person who—

(a)
becomes an assistant coroner as the result of sub-paragraph (3), and

(b)
would accordingly (but for this sub-paragraph) be entitled to fees

under paragraph 16 of Schedule 3,


is instead entitled to a salary under paragraph 15 of that Schedule if

immediately before becoming an assistant coroner he or she was a deputy

coroner remunerated by a salary.

    (3B)
Paragraphs 15(6) and 17 of Schedule 3 have effect as if a reference to an area

coroner included a reference to a person within sub-paragraph (3A).’.

Bridget Prentice

Agreed to  30

Schedule  20,  page  206,  line  37,  at end insert—

‘Investigation by former coroner


A person who—

(a)
was appointed as a coroner under section 1 of the 1988 Act, and

(b)
ceased to hold office as such before the coming into force of the repeal

by this Act of that section,


is to be treated for the purposes of paragraph 2(1B) of Schedule 8 as having

held office as a senior coroner.’.

Bridget Prentice

Agreed to  344

Schedule  20,  page  209,  line  8,  at end insert—

‘
In section 61(11A)(a) the reference to 12 months is to be read as a reference to

6 months in relation to an offence committed before the commencement of

section 154(1) of the Criminal Justice Act 2003 (c. 44).’.

Bridget Prentice

Agreed to  345

Schedule  20,  page  209,  line  32,  leave out ‘section 6 of’.

Public Bill Committee Proceedings: 10 March 2009
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Coroners and Justice Bill, continued

Bridget Prentice

Agreed to  346

Schedule  20,  page  210,  line  9,  at beginning insert ‘In this paragraph—

“appeal court” has the meaning given by section 11 of the 2008 Act;’.

Bridget Prentice

Agreed to  347

Schedule  20,  page  210,  line  10,  at end insert—

‘16A (1)
Section 75 of this Act has effect with the modifications made by this paragraph

for the purposes of discharging or varying—

(a)
a witness anonymity order made under the Criminal Evidence

(Witness Anonymity) Act 2008 (c. 15) by a court-martial constituted

under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955

(3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53), or

(b)
a witness anonymity order made under Chapter 2 of Part 3 of this Act

by a court-martial constituted under any of those Acts.

      (2)
The references in section 75(2) to (5) to the court that made the order are to be

treated—

(a)
until the coming into force of the Armed Forces Act 2006 (c. 52), as

references to a court-martial constituted under the Army Act 1955

(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or,

as the case may be, the Naval Discipline Act 1957 (c. 53), and

(b)
after the coming into force of the Armed Forces Act 2006 (c. 52), as

references to the Court Martial established under that Act.

16B(1)
Notwithstanding section 80, references in Chapter 2 of Part 3 of this Act to a

service court are to be treated as including a reference to—

(a)
a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2

c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval

Discipline Act 1957 (c. 53);

(b)
the Summary Appeal Court established by any of those Acts;

(c)
a Standing Civilian Court established under the Armed Forces Act

1976 (c. 52);

(d)
the Courts-Martial Appeal Court.

      (2)
Notwithstanding subsection (6) of section 76 of this Act, the references in

section 76 to an appeal court are to be treated as including a reference to the

Courts-Martial Appeal Court.

      (3)
Each of the provisions mentioned in sub-paragraph (4) has effect with the

modification set out in that sub-paragraph in a case where—

(a)
a witness anonymity order is made under Chapter 2 of Part 3 of this

Act by a relevant service court to which that provision applies, and

(b)
a person does anything in relation to the order which would, if the

court had been a court of law having power to commit for contempt,

have been contempt of that court.

      (4)
In such a case—

(a)
section 101(1) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) has effect

with the omission of the words “not subject to military law”;

(b)
section 101(1) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) has

effect with the omission of the words “not subject to air-force law”;

and

(c)
section 65(1) of the Naval Discipline Act 1957 (c. 53) has effect with

the omission of the words “not subject to this Act”.

      (5)
In sub-paragraph (3) “relevant service court” means—

Public Bill Committee Proceedings: 10 March 2009
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Coroners and Justice Bill, continued

(a)
a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2

c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval

Discipline Act 1957 (c. 53);

(b)
the Summary Appeal Court established by any of those Acts.’.

Bridget Prentice

Agreed to  348

Schedule  20,  page  210,  line  16,  at end insert—

‘17A (1)
If paragraph 59B of Schedule 19 to this Act comes into force before the

commencement of the Armed Forces Act 2006 (c. 52), the reference in

paragraph 59B to the Court Martial Appeals Act 1968 (c. 20) is to be read as a

reference to the Courts-Martial (Appeals) Act 1968 (c. 20).

      (2)
Until the coming into force of the Armed Forces Act 2006 (c. 52), section

36(1) of the Courts-Martial (Appeals) Act 1968 (c. 20) has effect as if for the

words “under this Part of this Act” there were substituted “under this Part of

this Act or under Chapter 2 of Part 3 of the Coroners and Justice Act 2009”.’.

Bridget Prentice

Agreed to  349

Schedule  20,  page  210,  line  36,  leave out ‘reference in paragraph’ and insert

‘references in paragraphs 21A and’.

Bridget Prentice

Agreed to  350

Schedule  20,  page  210,  line  38,  leave out ‘includes’ and insert ‘include’.

Bridget Prentice

Agreed to  351

Schedule  20,  page  214,  line  24,  at end insert—

‘36A (1)
Except as provided by this paragraph—

(a)
section 37(5A) of the 1991 Act (as inserted by section [Transfer to

Parole Board of certain functions under the Criminal Justice Act

1991](3)(b) of this Act) applies to prisoners released on licence under

section 35(1) of that Act before (as well as after) commencement, and

(b)
the repeal by this Act of section 37(5) and (6) of that Act applies to

such prisoners and to prisoners released on licence under section

33(2), (3) or (3A) of that Act before (as well as after) commencement.

      (2)
The repeal by this Act of section 37(5) of the 1991 Act does not affect its

continued application to a prisoner where—

(a)
the prisoner is released on licence after commencement under section

33(2), (3) or (3A) or 35(1) of that Act, but

(b)
the Parole Board has before commencement exercised the function

under section 37(5) of that Act of making recommendations as to any

condition to be included or inserted as a condition in the prisoner’s

licence (including by making a recommendation that no condition

should be included in that licence).

      (3)
The repeal by this Act of section 37(5) of the 1991 Act does not affect its

continued application to a prisoner where, before commencement—

(a)
the prisoner has been released on licence under section 33(2), (3) or

(3A) or 35(1) of that Act, and

(b)
the Parole Board has exercised the function under section 37(5) of that

Act of—

Public Bill Committee Proceedings: 10 March 2009
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Coroners and Justice Bill, continued

(i)
making recommendations as to the inclusion or insertion of a

condition in the prisoner’s licence (including by making a

recommendation that no condition should be included in that

licence), or

(ii)
making recommendations as to the variation or cancellation of

any such condition (including a recommendation that the

condition should not be varied or cancelled).

      (4)
Nothing in this paragraph applies to a person whose licence has, before

commencement, ceased to be in force by virtue of section 37(1) of the 1991

Act.

      (5)
In this section—

(a)
“commencement” means the commencement of section [Transfer to

Parole Board of certain functions under the Criminal Justice Act

1991](3);

(b)
“the 1991 Act” means the Criminal Justice Act 1991 (c. 53) (as it

continues to apply to persons sentenced for offences committed before

4 April 2005);

(c)
the reference in sub-paragraph (1)(a) to section 35(1) of the 1991 Act

includes a reference to that provision as modified (for certain long-

term prisoners) by the Parole Board (Transfer of Functions) Order

1998 (S.I. 1998/3218);

(d)
the references in sub-paragraphs (2)(a) and (3)(a) to section 35(1) are

to that provision as so modified;

(e)
the references in sub-paragraphs (2) and (3) to section 37(5) of the

1991 Act are to that provision as so modified.’.

Schedule, as amended, Agreed to.

Clause 157 Agreed to.

Bridget Prentice

Agreed to  352

Schedule  21,  page  218,  line  37,  at end insert—

‘Criminal Justice Act 1991 (c. 53)
Section 37(5) and (6).

Section 50.’.

Bridget Prentice

Agreed to  354

Schedule  21,  page  219,  line  9,  at end insert—

‘In section 270B—

(a)
in subsection (6), the “or” following

paragraph (a);

(b)
in subsection (10), the “and” following

paragraph (a).’.

Public Bill Committee Proceedings: 10 March 2009
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Coroners and Justice Bill, continued

Bridget Prentice

Agreed to  353

Schedule  21,  page  219,  line  9,  at end insert—

‘Criminal Justice and Immigration
Section 27.’.

Act 2008 (c.4)

Schedule, as amended, Agreed to.

Clauses 158 and 159 Agreed to.

Bridget Prentice

Agreed to  331

Clause  160,  page  112,  line  16,  at end insert ‘(except sections 136(1) and (2), 148(2)

and 149 and Schedule 17)’.

Bridget Prentice

Agreed to  332

Clause  160,  page  112,  line  29,  after ‘8’, insert ‘, 13(2)’.

Bridget Prentice

Agreed to  333

Clause  160,  page  112,  line  34,  leave out ‘Paragraph 30’ and insert ‘Paragraphs 29

and 30’.

Bridget Prentice

Agreed to  334

Clause  160,  page  113,  line  5,  after ‘3,’, insert ‘and paragraph 59B of Schedule 19’.

Bridget Prentice

Agreed to  335

Clause  160,  page  113,  line  5,  after ‘16’, insert ‘, 16A, 16B’.

Bridget Prentice

Agreed to  336

Clause  160,  page  113,  line  5,  after ‘17’, insert ‘and 17A’.

Clause, as amended, Agreed to.

Bridget Prentice

Agreed to  337

Clause  161,  page  113,  line  17,  leave out ‘85’ and insert ‘86’.

Bridget Prentice

Agreed to  338

Clause  161,  page  113,  line  43,  at end insert—

Public Bill Committee Proceedings: 10 March 2009
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Coroners and Justice Bill, continued

‘( )
paragraphs 59A to 59C of Schedule 19 (and section 156(1) so far as

relating to those provisions);’.

Bridget Prentice

Agreed to  339

Clause  161,  page  113,  line  44,  after ‘16’, insert ‘, 16A, 16B’.

Bridget Prentice

Agreed to  340

Clause  161,  page  113,  line  44,  after ‘17’, insert ‘and 17A’.

Clause, as amended, Agreed to.

Clause 162 Agreed to.

NEW CLAUSES

Anonymity in investigations: public interest immunity

Bridget Prentice

Agreed to  NC30

To move the following Clause:—

‘Nothing in this Chapter affects the common law rules as to the withholding of

information on the grounds of public interest immunity.’.

Transfer to Parole Board of certain functions under the Criminal Justice Act 1991

Bridget Prentice

Agreed to  NC31

To move the following Clause:—

‘(1)
Part 2 of the Criminal Justice Act 1991 (c. 53) (as it continues to apply to persons

sentenced for offences committed before 4th April 2005) is amended as follows.

(2)
In section 35 (power to release long-term prisoners), for subsection (1)

substitute—

“(1)
After a long-term prisoner has served one-half of his sentence, the

Secretary of State shall, if recommended to do so by the Board, release

him on licence.”

(3)
In section 37 (duration and conditions of licences)—

(a)
omit subsection (5),

(b)
after that subsection insert—

“(5A)
The Secretary of State shall not include on release, or

subsequently insert, a condition in the licence of a long-term

prisoner to whom section 35(1) applies, or vary or cancel any

Public Bill Committee Proceedings: 10 March 2009
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Coroners and Justice Bill, continued

such condition, except in accordance with recommendations of

the Board.”, and

(c)
omit subsection (6).

(4)
The reference in subsection (2) above to section 35(1) and the reference in

subsection (3)(a) above to section 37(5) each includes a reference to that

provision as modified (for certain long-term prisoners) by the Parole Board

(Transfer of Functions) Order 1998 (S.I. 1998/3218).’.

Coroner for treasure and assistant coroners for treasure

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Jenny Willott

Negatived on division  NC1

To move the following Clause:—

‘(1)
The Lord Chancellor may appoint a coroner, to be known as the Coroner for

Treasure.

(2)
The Chief Coroner may designate one or more assistant coroners to act as

Assistant Coroners for Treasure.

(3)
The Lord Chancellor may by regulations make provision in relation to the

Coroner for Treasure and Assistant Coroners for Treasure.’.

Investigations in relation to treasure

Mr Henry Bellingham

Mr Edward Garnier

Jeremy Wright

Mr Tim Boswell

Mr James Gray

Jenny Willott

Not called  NC2

To move the following Clause:—

‘(1)
The Coroner for Treasure must conduct an investigation in relation to an object

in respect of which notification is given under section 8(1) or 8A(1) of the

Treasure Act 1996 (c. 24) (but this is subject to section [Exception to duty to

investigate]).

(2)
The Coroner for Treasure may conduct an investigation in relation to an object

which he has reason to suspect is treasure and in respect of which notification has

not been given under section 8(1) or 8A(1) of that Act (but this is subject to

section 38).

(3)
The purpose of an investigation in relation to an object under this section is to

ascertain—