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(i) | in Part 2, the repeal of section 29JA of the Public Order Act 1986 |
| |
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(ii) | in that Part, the repeal in Schedule 16 to the Criminal Justice and |
| |
Immigration Act 2008 (c. 4), |
| |
(iii) | in Part 3, the repeals relating to the Administration of Justice |
| 5 |
(Miscellaneous Provisions) Act 1933 (c. 36) and the Supreme |
| |
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(iv) | in Part 4, the repeals in the Criminal Justice and Immigration |
| |
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(v) | in Part 5, the repeal of section 8(6) of the Animal Welfare Act |
| 10 |
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(vi) | in Part 6, the repeals in sections 17 and 17A of, and Schedule 3 |
| |
to, the Access to Justice Act 1999 (c. 22), and |
| |
| |
| and section 159 so far as relating to those repeals. |
| 15 |
(2) | The following provisions come into force at the end of the period of 2 months |
| |
beginning with the day on which this Act is passed— |
| |
| |
(b) | paragraph 37 of Schedule 20 (and section 158(2) so far as relating to that |
| |
| 20 |
(3) | The following provisions come into force on 1 January 2010— |
| |
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(b) | paragraphs 60 to 62 of Schedule 19 (and section 158(1) so far as relating |
| |
| |
(c) | paragraphs 17 to 22 of Schedule 20 (and section 158(2) so far as relating |
| 25 |
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(d) | in Part 3 of Schedule 21, the repeals relating to the Criminal Evidence |
| |
(Witness Anonymity) Act 2008 (and section 159 so far as relating to |
| |
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(4) | The following provisions come into force on such day as the Lord Chancellor |
| 30 |
| |
(a) | Part 1 (other than sections 18, 19, 36 and 37); |
| |
| |
| |
| 35 |
(e) | Parts 1 and 7 of Schedule 19 (and section 158(1) so far as relating to |
| |
| |
(f) | paragraphs 27, 28 and 43 of Schedule 20 (and section 158(2) so far as |
| |
relating to those provisions); |
| |
| 40 |
(i) | the repeals in Part 1; |
| |
(ii) | the repeals in Part 4 (other than those relating to the Criminal |
| |
Procedure (Scotland) Act 1995 and the Criminal Justice and |
| |
| |
(iii) | in Part 6, the repeals of section 2(2) of, and paragraph 1(h) of |
| 45 |
Schedule 2 to, the Access to Justice Act 1999, |
| |
| and section 159 so far as relating to those repeals. |
| |
|
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|
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|
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| |
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Duty or power to suspend or resume investigations |
| |
| |
Suspension of investigations |
| 5 |
Suspension where certain criminal charges may be brought |
| |
1 (1) | A senior coroner must suspend an investigation under this Part of this Act |
| |
into a person’s death in the following cases. |
| |
(2) | The first case is where a prosecuting authority requests the coroner to |
| |
suspend the investigation on the ground that a person may be charged |
| 10 |
| |
(a) | a homicide offence involving the death of the deceased, or |
| |
(b) | an offence (other than a service offence) that is alleged to be a related |
| |
| |
(3) | The second case is where a Provost Marshal or the Director of Service |
| 15 |
Prosecutions requests the coroner to suspend the investigation on the |
| |
ground that a person may be charged with— |
| |
(a) | the service equivalent of a homicide offence involving the death of |
| |
| |
(b) | a service offence that is alleged to be a related offence. |
| 20 |
(4) | Subject to paragraphs 2 and 3, a suspension of an investigation under this |
| |
| |
(a) | a period of 28 days beginning with the day on which the suspension |
| |
| |
(b) | whatever longer period (beginning with that day) the coroner |
| 25 |
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(5) | The period referred to in sub-paragraph (4) may be extended or further |
| |
| |
(a) | in the first case, at the request of the authority by which the |
| |
suspension was originally requested; |
| 30 |
(b) | in the second case, at the request of— |
| |
(i) | the Provost Marshal by whom the suspension was originally |
| |
| |
(ii) | the Director of Service Prosecutions. |
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| 35 |
“homicide offence” means— |
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|
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|
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|
(a) | murder, manslaughter, corporate manslaughter or |
| |
| |
(b) | an offence under any of the following provisions of the Road |
| |
Traffic Act 1988 (c. 52)— |
| |
(i) | section 1 (causing death by dangerous driving); |
| 5 |
(ii) | section 2B (causing death by careless, or |
| |
| |
(iii) | section 3ZB (causing death by driving: unlicensed, |
| |
disqualified or uninsured drivers); |
| |
(iv) | section 3A (causing death by careless driving when |
| 10 |
under the influence of drink or drugs); |
| |
(c) | an offence under section 2(1) of the Suicide Act 1961 (c. 60) |
| |
(encouraging or assisting suicide); |
| |
(d) | an offence under section 5 of the Domestic Violence, Crime |
| |
and Victims Act 2004 (c. 28) (causing or allowing the death of |
| 15 |
a child or vulnerable adult); |
| |
“related offence” means an offence (including a service offence) that— |
| |
(a) | involves the death of the deceased, but is not a homicide |
| |
offence or the service equivalent of a homicide offence, or |
| |
(b) | involves the death of a person other than the deceased |
| 20 |
(whether or not it is a homicide offence or the service |
| |
equivalent of a homicide offence) and is committed in |
| |
circumstances connected with the death of the deceased; |
| |
“the service equivalent of a homicide offence” means an offence under |
| |
section 42 of the Armed Forces Act 2006 (c. 52) corresponding to a |
| 25 |
| |
Suspension where certain criminal proceedings are brought |
| |
2 (1) | Subject to sub-paragraph (6), a senior coroner must suspend an investigation |
| |
under this Part of this Act into a person’s death in the following cases. |
| |
(2) | The first case is where the coroner— |
| 30 |
(a) | becomes aware that a person has appeared or been brought before a |
| |
magistrates’ court charged with a homicide offence involving the |
| |
death of the deceased, or |
| |
(b) | becomes aware that a person has been charged on an indictment |
| |
with such an offence without having appeared or been brought |
| 35 |
before a magistrates’ court charged with it. |
| |
(3) | The second case is where the coroner becomes aware that a person has been |
| |
charged with the service equivalent of a homicide offence involving the |
| |
| |
(4) | The third case is where a prosecuting authority informs the coroner that a |
| 40 |
| |
(a) | has appeared or been brought before a magistrates’ court charged |
| |
with an offence (other than a service offence) that is alleged to be a |
| |
| |
(b) | has been charged on an indictment with such an offence without |
| 45 |
having been sent for trial for it, |
| |
| and the prosecuting authority requests the coroner to suspend the |
| |
| |
|
| |
|
| |
|
(5) | The fourth case is where the Director of Service Prosecutions informs the |
| |
coroner that a person has been charged with a service offence that is alleged |
| |
to be a related offence, and the Director requests the coroner to suspend the |
| |
| |
(6) | The coroner need not suspend the investigation— |
| 5 |
(a) | in the first case, if a prosecuting authority informs the coroner that it |
| |
has no objection to the investigation continuing; |
| |
(b) | in the second case, if the Director of Service Prosecutions informs the |
| |
coroner that he or she has no objection to the investigation |
| |
| 10 |
(c) | in any case, if the coroner thinks that there is an exceptional reason |
| |
for not suspending the investigation. |
| |
(7) | In the case of an investigation that is already suspended under paragraph |
| |
| |
(a) | a suspension imposed by virtue of sub-paragraph (2) of that |
| 15 |
paragraph comes to an end if, in reliance of sub-paragraph (6)(a) |
| |
above, the coroner decides not to suspend the investigation; |
| |
(b) | a suspension imposed by virtue of sub-paragraph (3) of that |
| |
paragraph comes to an end if, in reliance on sub-paragraph (6)(b) |
| |
above, the coroner decides not to suspend the investigation; |
| 20 |
(c) | a reference above in this paragraph to suspending an investigation is |
| |
to be read as a reference to continuing the suspension of an |
| |
| |
(d) | if the suspension of the investigation is continued under this |
| |
paragraph, the investigation is to be treated for the purposes of |
| 25 |
paragraphs 1(4), 6 and 7 of this Schedule as suspended under this |
| |
paragraph (and not as suspended under paragraph 1). |
| |
Suspension pending inquiry under Inquiries Act 2005 |
| |
3 (1) | Subject to sub-paragraph (2), a senior coroner must suspend an investigation |
| |
under this Part of this Act into a person’s death if the Lord Chancellor |
| 30 |
requests the coroner to do so on the ground that the cause of death is likely |
| |
to be adequately investigated by an inquiry under the Inquiries Act 2005 |
| |
(c. 12) that is being or is to be held. |
| |
(2) | The coroner need not suspend the investigation if there appears to be an |
| |
exceptional reason for not doing so. |
| 35 |
(3) | In the case of an investigation that is already suspended under paragraph |
| |
| |
(a) | a reference above in this paragraph to suspending the investigation |
| |
is to be read as a reference to continuing the suspension of the |
| |
| 40 |
(b) | if the suspension of the investigation is continued under this |
| |
paragraph, the investigation is to be treated for the purposes of |
| |
paragraphs 1(4), 6 and 8 of this Schedule as suspended under this |
| |
paragraph (and not as suspended under paragraph 1). |
| |
|
| |
|
| |
|
| |
4 | A senior coroner may suspend an investigation under this Part of this Act |
| |
into a person’s death in any case if it appears to the coroner that it would be |
| |
| |
| 5 |
5 (1) | Where an investigation is suspended under this Schedule, the senior coroner |
| |
must adjourn any inquest that is being held as part of the investigation. |
| |
(2) | Where an inquest held with a jury is adjourned under this paragraph, the |
| |
senior coroner may discharge the jury. |
| |
| 10 |
Resumption of investigations |
| |
Resumption of investigation suspended under paragraph 1 |
| |
6 | An investigation that is suspended under paragraph 1 must be resumed |
| |
once the period under sub-paragraph (4) of that paragraph, or as the case |
| |
may be the extended period under sub-paragraph (5) of that paragraph, has |
| 15 |
| |
| (But see paragraphs 2(7)(d) and 3(3)(b).) |
| |
Resumption of investigation suspended under paragraph 2 |
| |
7 (1) | An investigation that is suspended under paragraph 2 may not be resumed |
| |
unless, but must be resumed if, the senior coroner thinks that there is |
| 20 |
sufficient reason for resuming it. |
| |
(2) | Subject to sub-paragraph (3)— |
| |
(a) | an investigation that is suspended under paragraph 2 may not be |
| |
resumed while proceedings are continuing before the court of trial in |
| |
respect of a homicide offence, or the service equivalent of a homicide |
| 25 |
offence, involving the death of the deceased; |
| |
(b) | an investigation that is suspended by virtue of sub-paragraph (4) or |
| |
(5) of that paragraph may not be resumed while proceedings are |
| |
continuing before the court of trial in respect of the offence referred |
| |
to in that sub-paragraph. |
| 30 |
(3) | The investigation may be resumed while the proceedings in question are |
| |
| |
(a) | in the case of an investigation suspended by virtue of sub-paragraph |
| |
(2) or (4) of paragraph 2, the relevant prosecuting authority informs |
| |
the coroner that it has no objection to the investigation being |
| 35 |
| |
(b) | in the case of an investigation suspended by virtue of sub-paragraph |
| |
(3) or (5) of that paragraph, the Director of Service Prosecutions |
| |
informs the coroner that he or she has no objection to the |
| |
investigation being resumed. |
| 40 |
(4) | For the purposes of sub-paragraph (3)(a), the relevant prosecuting |
| |
| |
|
| |
|
| |
|
(a) | in the case of an investigation suspended by virtue of sub-paragraph |
| |
(2) of paragraph 2, is the prosecuting authority responsible for the |
| |
| |
(b) | in the case of an investigation suspended by virtue of sub-paragraph |
| |
(4) of that paragraph, is the prosecuting authority that made the |
| 5 |
request under that sub-paragraph. |
| |
(5) | In the case of an investigation resumed under this paragraph, a |
| |
determination under section 10(1)(a) may not be inconsistent with the |
| |
| |
(a) | the proceedings in respect of the charge (or each charge) by reason of |
| 10 |
which the investigation was suspended; |
| |
(b) | any proceedings that, by reason of sub-paragraph (2), had to be |
| |
concluded before the investigation could be resumed. |
| |
Resumption of investigation suspended under paragraph 3 |
| |
8 (1) | Where an investigation is suspended under paragraph 3— |
| 15 |
(a) | it may not be resumed unless, but must be resumed if, the senior |
| |
coroner thinks that there is sufficient reason for resuming it; |
| |
(b) | it may not be resumed before the end of the period of 28 days |
| |
beginning with the relevant day; |
| |
(c) | where sub-paragraph (4), (6), (8) or (10) applies, it may be resumed |
| 20 |
only in accordance with that sub-paragraph (and not before the end |
| |
of the 28-day period mentioned in paragraph (b)). |
| |
(2) | In sub-paragraph (1)(b) “the relevant day” means— |
| |
(a) | if the Lord Chancellor gives the coroner notification under this |
| |
paragraph, the day on which the inquiry concerned is concluded; |
| 25 |
(b) | otherwise, the day on which the findings of that inquiry are |
| |
| |
(3) | Sub-paragraph (4) applies where, during the suspension of the |
| |
investigation, the coroner— |
| |
(a) | becomes aware that a person has appeared or been brought before a |
| 30 |
magistrates’ court charged with a homicide offence involving the |
| |
death of the deceased, or |
| |
(b) | becomes aware that a person has been charged on an indictment |
| |
with such an offence without having appeared or been brought |
| |
before a magistrates’ court charged with it. |
| 35 |
(4) | The coroner must not resume the investigation until after the conclusion of |
| |
proceedings before the court of trial in respect of the offence in question, |
| |
unless a prosecuting authority informs the coroner that it has no objection to |
| |
the investigation being resumed before then. |
| |
(5) | Sub-paragraph (6) applies where, during the suspension of the |
| 40 |
investigation, the coroner becomes aware that a person has been charged |
| |
with the service equivalent of a homicide offence involving the death of the |
| |
| |
(6) | The coroner must not resume the investigation until after the conclusion of |
| |
proceedings before the court of trial in respect of the offence in question, |
| 45 |
unless the Director of Service Prosecutions informs the coroner that he or she |
| |
has no objection to the investigation being resumed before then. |
| |
|
| |
|