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
61

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  201

Clause  80,  page  45,  line  35,  after ‘Appeal’, insert ‘except where the Crown court is

specified as the appropriate court,’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  375

Clause  80,  page  45,  line  35,  after first ‘Court’, insert ‘the High Court’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  376

Clause  80,  page  46,  line  1,  after ‘court,’, insert ‘a coroner’s court,’.

Clause Agreed to.

Clause 81 Agreed to.

Bridget Prentice

Agreed to  285

Clause  82,  page  47,  leave out lines 14 to 17 and insert—

‘(6)
For the purposes of subsection (5) an offence is a relevant offence if it is an

offence described in Schedule 1A.

(7)
The Secretary of State may by order amend Schedule 1A.’.

David Howarth

Jenny Willott

Not called  462

Clause  82,  page  47,  leave out lines 16 and 17.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not selected  407

Page  47,  line  4,  leave out Clause 82.

Clause, as amended, Agreed to.

Bridget Prentice

Agreed to  286

Schedule  12,  page  146,  line  40,  at end insert—

Public Bill Committee Proceedings: 5 March 2009
62

Coroners and Justice Bill, continued

‘Murder and manslaughter

A1
Murder in a case where it is alleged that a firearm or knife was used to cause

the death in question.

B1
Manslaughter in a case where it is alleged that a firearm or knife was used to

cause the death in question.

C1
Murder or manslaughter in a case (other than a case falling within paragraph

A1 or B1) where it is alleged that—

(a)
the accused was carrying a firearm or knife at any time during the

commission of the offence, and

(b)
a person other than the accused knew or believed at any time during

the commission of the offence that the accused was carrying a firearm

or knife.

Offences against the Person Act 1861 (c. 100)

D1
An offence under section 18 of the Offences against the Person Act 1861

(wounding with intent to cause grievous bodily harm etc) in a case where it is

alleged that a firearm or knife was used to cause the wound or harm in

question.

E1
An offence under section 20 of that Act (malicious wounding) in a case where

it is alleged that a firearm or knife was used to cause the wound or inflict the

harm in question.

F1
An offence under section 38 of that Act (assault with intent to resist arrest) in

a case where it is alleged that a firearm or knife was used to carry out the

assault in question.

G1
An offence under section 47 of the Offences against the Person Act 1861

(assault occasioning actual bodily harm) in a case where it is alleged that a

firearm or knife was used to inflict the harm in question.

H1
An offence under section 18, 20, 38 or 47 of the Offences against the Person

Act 1861 in a case (other than a case falling within any of paragraphs D1 to

G1) where it is alleged that—

(a)
the accused was carrying a firearm or knife at any time during the

commission of the offence, and

(b)
a person other than the accused knew or believed at any time during

the commission of the offence that the accused was carrying a firearm

or knife.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  203

Schedule  12,  page  148,  line  2,  at end insert—

‘Offences Against the Person Act 1861 (c.100)

21A
An offence under section 18 of the Offences Against the Person Act 1861

(grievious bodily harm with intent).’.

Bridget Prentice

Agreed to  287

Schedule  12,  page  148,  line  3,  at end insert—

‘21A
A reference in any of paragraphs A1 to H1 to an offence (“offence A”)

includes—

Public Bill Committee Proceedings: 5 March 2009
63

Coroners and Justice Bill, continued

(a)
a reference to an attempt to commit offence A in a case where it is

alleged that it was attempted to commit offence A in the manner or

circumstances described in that paragraph,

(b)
a reference to a conspiracy to commit offence A in a case where it is

alleged that the conspiracy was to commit offence A in the manner or

circumstances described in that paragraph,

(c)
a reference to an offence under Part 2 of the Serious Crime Act 2007

in relation to which offence A is the offence (or one of the offences)

which the person intended or believed would be committed in a case

where it is alleged that the person intended or believed offence A

would be committed in the manner or circumstances described in that

paragraph, and

(d)
a reference to aiding, abetting, counselling or procuring the

commission of offence A in a case where it is alleged that offence A

was committed, or the act or omission charged in respect of offence A

was done or made, in the manner or circumstances described in that

paragraph.’.

Bridget Prentice

Agreed to  288

Schedule  12,  page  148,  line  4,  leave out ‘this Schedule’ insert ‘any of paragraphs 1

to 21’.

Bridget Prentice

Agreed to  289

Schedule  12,  page  148,  line  12,  at end insert—

‘Interpretation


In this Schedule—

“firearm” has the meaning given by section 57 of the Firearms Act 1968;

“knife” has the meaning given by section 10 of the Knives Act 1997.” ’.

Schedule, as amended, Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Withdrawn  409

Clause  83,  page  47,  line  31,  leave out from ‘(ba)’ to first ‘the’ in line 33.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  208

Clause  83,  page  47,  line  33,  after ‘part,’, insert ‘and the court is satisfied that the

witness’s wish is based on informed consent or a real understanding of its consequences,’.

Public Bill Committee Proceedings: 5 March 2009
64

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  410

Clause  83,  page  48,  leave out lines 3 to 7.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  209

Clause  83,  page  48,  line  16,  leave out ‘take into account’ and insert ‘be satisfied

about’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  411

Clause  83,  page  48,  line  18,  at end insert—

‘( )
where a defendant is under the age of 18, the age and maturity of that

defendant;’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not called  210

Clause  83,  page  48,  line  24,  after ‘witness’s’, insert ‘sex,’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Not selected  408

Page  47,  line  21,  leave out Clause 83.

Clause Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Withdrawn  211

Clause  84,  page  48,  leave out line 44.

Clause Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Withdrawn  212

Clause  85,  page  49,  line  44,  at end insert—

Public Bill Committee Proceedings: 5 March 2009
65

Coroners and Justice Bill, continued

‘(1C)
Particulars of the specified person’s name, age, sex, qualifications and

relationship, if any, to the witness must be provided to the court and to all other

parties to the proceedings by the party calling the witness.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Withdrawn  213

Clause  85,  page  49,  line  44,  at end insert—

‘(1D)
The specified person must not give evidence on his own account.’.

Clause Agreed to.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

Withdrawn  214

Clause  86,  page  50,  line  10,  after ‘court’, insert ‘and without the party calling that

witness giving such notice to the other parties in the proceedings as the court may direct’.

Clause Agreed to.

[Adjourned until Tuesday 10 March at 10.30 am.