House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

47

House of Commons

Thursday 5 March 2009

Public Bill Committee Proceedings

Coroners and Justice Bill

[Thirteenth and Fourteenth Sittings]

Bridget Prentice

Agreed to

That the Order of the Committee of 3 February be amended as follows:

(1)
in paragraph (1) of the Order of the Committee of 3 February, there shall be

inserted at the end—

   ‘(h) at 10.30 am and 4.00 pm on Tuesday 10 March;’;

(2)
in paragraph (4) of that Order, for ‘4.00 pm on Thursday 5 March’ there shall

be substituted ‘10.00 pm on Tuesday 10 March’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Withdrawn  78

Clause  61,  page  35,  line  14,  leave out ‘justice of the peace’ and insert ‘Crown

Court judge’.

Bridget Prentice

Agreed to  268

Clause  61,  page  35,  line  16,  leave out ‘assisted or was’ and insert ‘is or was able

or’.

David Howarth

Jenny Willott

Not called  463

Clause  61,  page  35,  line  23,  after ‘information’, insert ‘is a police officer or’.

Public Bill Committee Proceedings: 5 March 2009
48

Coroners and Justice Bill, continued

Bridget Prentice

Agreed to  269

Clause  61,  page  35,  line  29,  leave out from ‘that’ to ‘the’ in line 30 and insert ‘the

information disclosed is information that might enable the specified person to be

identified as a person of the sort described in subsection (1)(a) in relation to’.

Bridget Prentice

Agreed to  270

Clause  61,  page  35,  line  37,  leave out from first ‘is’ to ‘willing’ and insert ‘a person

who is or was able or’.

Bridget Prentice

Agreed to  271

Clause  61,  page  35,  line  41,  leave out paragraphs (a) and (b) and insert—

‘(a)
the disclosure is made to a person who is involved in the specified

qualifying criminal investigation or in the prosecution of an offence to

which the investigation relates, and’.

Bridget Prentice

Agreed to  272

Clause  61,  page  36,  line  4,  leave out ‘was’ and insert ‘is’.

Bridget Prentice

Agreed to  273

Clause  61,  page  36,  line  5,  after ‘prosecution’, insert ‘of an offence to which the

investigation relates’.

Bridget Prentice

Agreed to  274

Clause  61,  page  36,  line  6,  leave out subsection (8).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  440

Clause  61,  page  36,  line  8,  leave out paragraph (a).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  441

Clause  61,  page  36,  line  12,  leave out paragraph (c).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  442

Clause  61,  page  36,  line  15,  leave out paragraph (d).

Bridget Prentice

Agreed to  275

Clause  61,  page  36,  line  22,  leave out from ‘liable’ to end of line 24 and insert ‘—

Public Bill Committee Proceedings: 5 March 2009
49

Coroners and Justice Bill, continued

(a)
on summary conviction, to imprisonment for a term not exceeding the

relevant period or a fine not exceeding the statutory maximum, or both;

(b)
on conviction on indictment, to imprisonment for a term not exceeding 5

years or a fine, or both.

(11A)
“The relevant period” means—

(a)
in relation to England and Wales, 12 months;

(b)
in relation to Northern Ireland, 6 months.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  79

Clause  61,  page  36,  line  24,  at end insert ‘and on summary conviction to a fine not

exceeding level 5 on the standard scale or to a term of imprisonment not exceeding 6

months or to both.’.

Bridget Prentice

Agreed to  276

Clause  61,  page  36,  line  25,  leave out subsection (12).

Clause, as amended, Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  80

Clause  62,  page  36,  line  31,  leave out ‘justice of the peace’ and insert ‘Crown

Court judge’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  81

Clause  62,  page  37,  line  9,  leave out ‘justice’ and insert ‘judge’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  130

Clause  62,  page  37,  line  11,  leave out ‘justice of the peace’ and insert ‘Crown

Court judge’.

Public Bill Committee Proceedings: 5 March 2009
50

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  131

Clause  62,  page  37,  line  12,  leave out ‘justice of the peace’ and insert ‘Crown

Court judge’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  132

Clause  62,  page  37,  line  14,  leave out ‘justice’ and insert ‘judge’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  133

Clause  62,  page  37,  line  16,  leave out ‘justice of the peace’ and insert ‘Crown

Court judge’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  134

Clause  62,  page  37,  line  17,  leave out from ‘to’ to end of line 18 and insert ‘such

person as the Secretary of State may by order prescribe in respect of the relevant county

court’.

Clause Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  135

Clause  63,  page  37,  line  26,  leave out ‘justice of the peace’ and insert ‘Crown

Court judge’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Withdrawn  82

Clause  63,  page  37,  line  31,  leave out subsection (4).

Public Bill Committee Proceedings: 5 March 2009
51

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  443

Clause  63,  page  37,  line  34,  leave out subsection (5).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  444

Clause  63,  page  37,  line  37,  leave out subsection (6).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  83

Clause  63,  page  37,  line  40,  leave out paragraph (b).

Bridget Prentice

Agreed to  277

Clause  63,  page  38,  line  1,  leave out ‘willing to assist or as having assisted’ and

insert ‘a person who is or was able or willing to assist’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  445

Clause  63,  page  38,  line  9,  leave out subsection (9).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  136

Clause  63,  page  38,  line  10,  leave out ‘justice’ and insert ‘judge’.

Clause, as amended, Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  137

Clause  64,  page  38,  line  19,  leave out ‘justice of the peace’ and insert ‘Crown

Court judge’.

Public Bill Committee Proceedings: 5 March 2009
52

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  84

Clause  64,  page  38,  line  20,  leave out ‘Crown’ and insert ‘High’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  138

Clause  64,  page  38,  line  25,  leave out ‘justice’ and insert ‘Crown Court judge’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  139

Clause  64,  page  38,  line  27,  leave out ‘justice of the peace’ and insert ‘Crown

Court judge’.

Bridget Prentice

Agreed to  278

Clause  64,  page  38,  line  32,  leave out subsection (5) and insert—

‘(5)
The judge to whom an appeal is made must consider afresh the application for an

investigation anonymity order and section 62(3) to (5) applies accordingly to the

determination of the application by the judge.

(6)
In the application of section 62(5) by virtue of subsection (5), the reference in

section 62(5) to the designated officer in relation to a justice of the peace is to be

read—

(a)
in the case of an appeal made in England and Wales, as a reference to the

appropriate officer of the Crown Court;

(b)
in the case of an appeal made in Northern Ireland, as a reference to the

chief clerk of the county court division in which the appeal is made.’.

Clause, as amended, Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  140

Clause  65,  page  38,  line  34,  leave out ‘justice of the peace’ and insert ‘Crown

Court judge’.

Public Bill Committee Proceedings: 5 March 2009
53

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  141

Clause  65,  page  38,  line  35,  leave out ‘justice’ and insert ‘judge’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  142

Clause  65,  page  38,  line  36,  leave out ‘justice’ and insert ‘judge’.

Bridget Prentice

Agreed to  279

Clause  65,  page  39,  line  3,  leave out ‘may’ and insert ‘is entitled to’.

Bridget Prentice

Agreed to  280

Clause  65,  page  39,  line  4,  at end insert—

‘( )
If an application to discharge an investigation anonymity order is made by a

person other than the person specified in the order, the justice may not determine

the application unless—

(a)
the person specified in the order has had an opportunity to oppose the

application, or

(b)
the justice is satisfied that it is not reasonably practicable to communicate

with the person.’.

Bridget Prentice

Agreed to  281

Clause  65,  page  39,  line  5,  after second ‘to’, insert ‘a judge of’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  85

Clause  65,  page  39,  line  5,  leave out ‘Crown’ and insert ‘High’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  143

Clause  65,  page  39,  line  5,  leave out ‘justice’s decision’ and insert ‘decision of the

Crown Court judge’.

Bridget Prentice

Agreed to  282

Clause  65,  page  39,  line  7,  leave out subsection (6) and insert—

‘(6)
If during the proceedings a party indicates an intention to appeal against a

determination to discharge the investigation anonymity order, a justice of the