House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 5 March 2009
54

Coroners and Justice Bill, continued

peace who makes such a determination must provide for the discharge of the

order not to have effect until the appeal is determined or otherwise disposed of.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  144

Clause  65,  page  39,  line  7,  leave out ‘justice of the peace’ and insert ‘Crown Court

judge’.

Clause, as amended, Agreed to.

Clauses 66 and 67 Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  145

Clause  68,  page  40,  line  15,  leave out paragraph (a).

Bridget Prentice

Agreed to  283

Clause  68,  page  40,  line  17,  leave out paragraph (b).

Bridget Prentice

Agreed to  284

Clause  68,  page  40,  leave out line 19 and insert ‘references to a judge of the Crown

Court are to be read as references’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Mr James Gray

Not called  146

Clause  68,  page  40,  line  20,  at end insert—

‘(d)
the reference to the High Court is to be read as a reference to the High

Court of Northern Ireland;

(e)
the reference to a judge of the High Court is to be read as a reference to

a judge of the High Court of Northern Ireland.’.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 5 March 2009
55

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  191

Clause  69,  page  40,  line  25,  after second ‘a’, insert ‘Crown’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  192

Clause  69,  page  40,  line  27,  after first ‘the’, insert ‘Crown’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  193

Clause  69,  page  41,  line  1,  after ‘the’, insert ‘Crown’.

Clause Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  195

Clause  70,  page  41,  line  11,  at end insert—

‘(A1)
For the avoidance of doubt, whilst applications for a witness anonymity order

must be made to the Crown court such orders may govern current, adjourned or

future proceedings in the magistrates’ courts.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  194

Clause  70,  page  41,  line  13,  after ‘the’, insert ‘Crown’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Withdrawn  377

Clause  70,  page  41,  line  14,  at end insert—

‘(1A)
An application for a witness anonymity order to be made in relation to a witness

in a coroner’s inquest may be made to the coroner with the coroner’s permission

by any party appearing at the inquest.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Withdrawn  196

Clause  70,  page  41,  line  16,  after second ‘court’, insert ‘in writing’.

Public Bill Committee Proceedings: 5 March 2009
56

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  202

Clause  70,  page  41,  line  23,  after ‘court’, insert ‘in writing’.

David Howarth

Jenny Willott

Withdrawn  100

Clause  70,  page  41,  line  44,  at end insert—

‘(7A)
On any application for a witness anonymity order, the court must consider

whether the appointment of special counsel to assist the court in deciding whether

to grant the order would contribute significantly to the fairness of the

proceedings; and if the court decides not to appoint special counsel, the court

must give reasons.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  378

Clause  70,  page  42,  line  2,  at end insert—

‘(9)
Where an application either for permission to make an application for a witness

anonymity order or for a witness anonymity order is made to a coroner by a party

appearing at an inquest that party—

(a)
must (unless the coroner directs otherwise) inform the coroner of the

identity of the witness, but

(b)
is not required to disclose in connection with the application—

(i)
the identity of the witness, or

(ii)
any information that may enable the witness to be identified,


to any other party to the proceedings or his or her legal representatives.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  379

Clause  70,  page  42,  line  2,  at end insert—

‘(9)
The court may in its discretion appoint counsel to assist it when considering an

application for permission to make an application for a witness anonymity order

or an application for a witness anonymity order.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  380

Clause  70,  page  42,  line  2,  at end insert—

‘(9)
The provisions set out in subsections (4) to (8) inclusive apply as appropriate to

applications to a coroner as they do to applications in criminal cases.’.

Clause Agreed to.

Public Bill Committee Proceedings: 5 March 2009
57

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  381

Clause  71,  page  42,  line  5,  after ‘proceedings’, insert ‘or an inquest’.

David Howarth

Jenny Willott

Withdrawn  451

Clause  71,  page  42,  line  9,  leave out from ‘person’ to ‘or’ in line 10.

David Howarth

Jenny Willott

Not called  452

Clause  71,  page  42,  line  10,  leave out ‘any serious damage to property’ and insert

‘damage to property so serious that it would leave the witness or another person in a state

of destitution.’.

David Howarth

Jenny Willott

Not called  453

Clause  71,  page  42,  line  11,  leave out paragraph (b) and insert—

‘(b)
in order to prevent serious harm to the functioning of a properly

authorised undercover operation.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  197

Clause  71,  page  42,  line  11,  leave out paragraph (b).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  198

Clause  71,  page  42,  line  13,  leave out ‘or otherwise’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  383

Clause  71,  page  42,  line  15,  after ‘trial’, insert ‘or the inquest being conducted in a

manner consistent with the interests of the parties before it being treated fairly.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  446

Clause  71,  page  42,  line  19,  leave out paragraph (b).

David Howarth

Jenny Willott

Not called  454

Clause  71,  page  42,  line  21,  leave out subsection (6).

Public Bill Committee Proceedings: 5 March 2009
58

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  199

Clause  71,  page  42,  line  22,  leave out ‘(in particular)’.

Clause Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  384

Clause  72,  page  42,  line  33,  after ‘proceedings’, insert ‘or a party appearing at an

inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  385

Clause  72,  page  42,  line  39,  after ‘defendant’, insert ‘or resolving the issues in the

inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  386

Clause  72,  page  43,  line  1,  after ‘case’, insert ‘or inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  387

Clause  72,  page  43,  line  4,  after ‘defendant’, insert ‘, or the witness and any party

appearing at the inquest or any associates of any party appearing at the inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  388

Clause  72,  page  43,  line  9,  after ‘indictment’, insert ‘or at an inquest’.

Clause Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  389

Clause  73,  page  43,  line  12,  after second ‘judge’, insert ‘or coroner’.

Public Bill Committee Proceedings: 5 March 2009
59

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  390

Clause  73,  page  43,  line  14,  after ‘defendant’, insert ‘or a party appearing at the

inquest’.

Clause Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  391

Clause  74,  page  43,  line  18,  after ‘proceedings’, insert ‘or inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  392

Clause  74,  page  43,  line  31,  after second ‘proceedings’, insert ‘or party appearing

at the inquest’.

Clause Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  393

Clause  75,  page  43,  line  41,  after first ‘proceedings’, insert ‘or at an inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  394

Clause  75,  page  44,  line  18,  after ‘defendant’, insert ‘or a party appearing’.

Clause Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  395

Clause  76,  page  44,  line  28,  after second ‘proceedings”)’, insert ‘or an inquest’.

Public Bill Committee Proceedings: 5 March 2009
60

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  396

Clause  76,  page  44,  line  33,  at end insert ‘or

(c)
the verdict or any finding of fact or law by the coroner or inquest jury, as

the case may be, is reviewed by the appeal court.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  397

Clause  76,  page  44,  line  41,  after ‘proceedings’, insert ‘or appearing at the inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  398

Clause  76,  page  45,  line  3,  after ‘proceedings’, insert ‘or a party appearing at the

inquest’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Withdrawn  399

Clause  76,  page  45,  line  7,  at end insert —

‘(za)
the High Court (Queen’s Bench Division),’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  200

Clause  76,  page  45,  line  10,  at end add ‘, or

(d)
The Judicial Committee of the House of Lords and the Supreme Court.’.

Clause Agreed to.

Clauses 77 to 79 Agreed to.

David Howarth

Jenny Willott

Withdrawn  449

Clause  80,  page  45,  line  34,  leave out ‘a magistrates’ court’ and insert ‘a Youth

Court where the case is one in which, were the defendant an adult, the defendant would

have been tried in the Crown Court,’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  374

Clause  80,  page  45,  line  34,  after ‘court,’, insert ‘a coroner’s court,’.