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Coroners and Justice Bill


Coroners and Justice Bill
Part 9 — General

115

 

(i)   

in Part 2, the repeal of section 29JA of the Public Order Act 1986

(c. 64),

(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

Court Act 1981 (c. 54),

(iv)   

in Part 4, the repeals in the Criminal Justice and Immigration

Act 2008,

(v)   

in Part 5, the repeal of section 8(6) of the Animal Welfare Act

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2006 (c. 45),

(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

(vii)   

Part 9,

   

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—

(a)   

section 121;

(b)   

paragraph 37 of Schedule 20 (and section 158(2) so far as relating to that

provision).

20

(3)   

The following provisions come into force on 1 January 2010—

(a)   

Chapter 2 of Part 3;

(b)   

paragraphs 60 to 62 of Schedule 19 (and section 158(1) so far as relating

to those provisions);

(c)   

paragraphs 17 to 22 of Schedule 20 (and section 158(2) so far as relating

25

to those provisions);

(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

those repeals).

(4)   

The following provisions come into force on such day as the Lord Chancellor

30

may by order appoint—

(a)   

Part 1 (other than sections 18, 19, 36 and 37);

(b)   

Chapter 1 of Part 4;

(c)   

sections 127 to 129;

(d)   

sections 130, 131 and 134;

35

(e)   

Parts 1 and 7 of Schedule 19 (and section 158(1) so far as relating to

those provisions);

(f)   

paragraphs 27, 28 and 43 of Schedule 20 (and section 158(2) so far as

relating to those provisions);

(g)   

in Schedule 21

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

Immigration Act 2008);

(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.

 
 

Coroners and Justice Bill
Part 9 — General

116

 

(5)   

The other provisions of this Act come into force on such day as the Secretary of

State may by order appoint.

164     

Short title

This Act may be cited as the Coroners and Justice Act 2009.

 
 

Coroners and Justice Bill
Schedule 1 — Duty or power to suspend or resume investigations
Part 1 — Suspension of investigations

117

 

Schedules

Schedule 1

Section 14

 

Duty or power to suspend or resume investigations

Part 1

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

with—

(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

offence.

      (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

the deceased, or

(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

paragraph must be for—

(a)   

a period of 28 days beginning with the day on which the suspension

first takes effect, or

(b)   

whatever longer period (beginning with that day) the coroner

25

specifies.

      (5)  

The period referred to in sub-paragraph (4) may be extended or further

extended—

(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

requested, or

(ii)   

the Director of Service Prosecutions.

      (6)  

In this Act—

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“homicide offence” means—

 

 

Coroners and Justice Bill
Schedule 1 — Duty or power to suspend or resume investigations
Part 1 — Suspension of investigations

118

 

(a)   

murder, manslaughter, corporate manslaughter or

infanticide;

(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

inconsiderate, driving);

(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

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(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

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homicide offence.

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

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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

death of the deceased.

      (4)  

The third case is where a prosecuting authority informs the coroner that a

40

person—

(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

related offence, or

(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

investigation.

 
 

Coroners and Justice Bill
Schedule 1 — Duty or power to suspend or resume investigations
Part 1 — Suspension of investigations

119

 

      (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

investigation.

      (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

continuing;

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

1—

(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

investigation;

(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

1—

(a)   

a reference above in this paragraph to suspending the investigation

is to be read as a reference to continuing the suspension of the

investigation;

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).

 
 

Coroners and Justice Bill
Schedule 1 — Duty or power to suspend or resume investigations
Part 2 — Resumption of investigations

120

 

General power to suspend

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

appropriate to do so.

Effect of suspension

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.

Part 2

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

ended.

           

(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

continuing if—

(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

resumed;

(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

authority—

 
 

Coroners and Justice Bill
Schedule 1 — Duty or power to suspend or resume investigations
Part 2 — Resumption of investigations

121

 

(a)   

in the case of an investigation suspended by virtue of sub-paragraph

(2) of paragraph 2, is the prosecuting authority responsible for the

prosecution in question;

(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

outcome of—

(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

published.

      (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

deceased.

      (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.

 
 

 
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