Coroners and Justice Bill

House of Commons

Session 2008 - 09
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Coroners and Justice Bill

Coroners and Justice Bill
Schedule 4 — Powers of senior coroners
129

(a)
to provide evidence to the senior coroner, about any matters
specified in the notice, in the form of a written statement,
(b)
to produce any documents in the custody or under the control of the
person which relate to a matter that is relevant to the investigation, or
(c)
to produce for inspection, examination or testing any other thing in
5
the custody or under the control of the person which relates to a
matter that is relevant to the investigation.
      (3)
A notice under sub-paragraph (1) or (2) must—
(a)
explain the possible consequences, under paragraphs 6 and 7 of
Schedule 5, of not complying with the notice;
10
(b)
indicate what the recipient of the notice should do if he or she wishes
to make a claim under sub-paragraph (4).
      (4)
A claim by a person that—
(a)
he or she is unable to comply with a notice under this paragraph, or
(b)
it is not reasonable in all the circumstances to require him or her to
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comply with such a notice,

is to be determined by the senior coroner, who may revoke or vary the notice
on that ground.
      (5)
In deciding whether to revoke or vary a notice on the ground mentioned in
sub-paragraph (4)(b), the senior coroner must consider the public interest in
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the information in question being obtained for the purposes of the inquest or
investigation, having regard to the likely importance of the information.
      (6)
For the purposes of this paragraph a document or thing is under a person’s
control if it is in the person’s possession or if he or she has a right to
possession of it.
25
      (7)
The validity of a notice under sub-paragraph (1) or (2) is not limited to the
coroner area for which the senior coroner issuing the notice is appointed.
2     (1)
A person may not be required to give, produce or provide any evidence or
document under paragraph 1 if—
(a)
he or she could not be required to do so in civil proceedings in a court
30
in England and Wales, or
(b)
the requirement would be incompatible with a Community
obligation.
      (2)
The rules of law under which evidence or documents are permitted or
required to be withheld on grounds of public interest immunity apply in
35
relation to an investigation or inquest under this Part as they apply in
relation to civil proceedings in a court in England and Wales.
Power of entry, search and seizure
3     (1)
A senior coroner conducting an investigation under this Part, if authorised
in writing—
40
(a)
by the Chief Coroner, or
(b)
by another senior coroner nominated by the Chief Coroner to give
authorisation,

may enter and search any land specified in the authorisation.
      (2)
An authorisation may be given only if—
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Coroners and Justice Bill
Schedule 4 — Powers of senior coroners
130

(a)
the senior coroner conducting the investigation has reason to suspect
that there may be anything on the land which relates to a matter that
is relevant to the investigation, and
(b)
any of the conditions in sub-paragraph (3) are met.
      (3)
Those conditions are—
5
(a)
that it is not practicable to communicate with a person entitled to
grant permission to enter and search the land;
(b)
that permission to enter and search the land has been refused;
(c)
that the senior coroner has reason to believe that such permission
would be refused if requested;
10
(d)
that the purpose of a search may be frustrated or seriously
prejudiced unless the senior coroner can secure immediate entry to
the land on arrival.
      (4)
A senior coroner conducting an investigation under this Part who is lawfully
on any land—
15
(a)
may seize anything that is on the land;
(b)
may inspect and take copies of any documents.
      (5)
A reference in this paragraph to land is not limited to land within the
coroner area for which the senior coroner in question is appointed.
4     (1)
A power under paragraph 3(4) is not exercisable unless the person
20
exercising the power has reasonable grounds for believing—
(a)
that its exercise may assist the investigation, and
(b)
in the case of the seizure of anything, that the seizure is necessary to
prevent the thing being concealed, lost, damaged, altered or
destroyed.
25
      (2)
The power under paragraph 3(4)(b) includes power to require any
information that is stored in an electronic form and is on, or accessible from,
the land to be produced in a form—
(a)
in which it can be taken away, and
(b)
in which it is legible or from which it can readily be produced in a
30
legible form.
      (3)
A power under paragraph 3(4) does not apply to any item that the person by
whom the power is exercisable has reasonable grounds for believing to be
subject to legal privilege.
      (4)
Anything that has been seized or taken away under paragraph 3 may be
35
retained for so long as is necessary in all the circumstances.
      (5)
A person on whom a power is conferred by virtue of paragraph 3 may use
reasonable force, if necessary, in the exercise of the power.
      (6)
In this paragraph “subject to legal privilege”, in relation to an item, has the
meaning given by section 10 of the Police and Criminal Evidence Act 1984
40
(c. 60).
Exhumation of body for examination
5     (1)
A senior coroner may order the exhumation of a person’s body if sub-
paragraph (2) or (3) applies.
      (2)
This sub-paragraph applies if—
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Coroners and Justice Bill
Schedule 5 — Offences
Part 1 — Offences relating to jurors
131

(a)
the body is buried in England and Wales (whether or not within the
coroner area for which the coroner is appointed), and
(b)
the coroner thinks it necessary for the body to be examined under
section 15.
      (3)
This sub-paragraph applies if—
5
(a)
the body is buried within the coroner area for which the coroner is
appointed, and
(b)
the coroner thinks it necessary for the body to be examined for the
purpose of any criminal proceedings that have been instituted or are
contemplated in respect of—
10
(i)
the death of the person whose body it is, or
(ii)
the death of another person who died in circumstances
connected with the death of that person.
      (4)
In sub-paragraph (3) “criminal proceedings” includes proceedings in respect
of an offence under section 42 of the Armed Forces Act 2006 (c. 52) (criminal
15
conduct).
Action to prevent other deaths
6     (1)
Where—
(a)
a senior coroner has been conducting an investigation under this Part
into a person’s death,
20
(b)
anything revealed by the investigation gives rise to a concern that
circumstances creating a risk of other deaths will occur, or will
continue to exist, in the future, and
(c)
in the coroner’s opinion, action should be taken to prevent the
occurrence or continuation of such circumstances, or to eliminate or
25
reduce the risk of death created by such circumstances,

the coroner may report the matter to a person who the coroner believes may
have power to take such action.
      (2)
A person to whom a senior coroner makes a report under this paragraph
must give the senior coroner a written response to it.
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Schedule 5
Section 25

Offences
Part 1
Offences relating to jurors
1     (1)
It is an offence for a person to serve on a jury at an inquest if the person—
35
(a)
is disqualified from jury service (by reason of being a person listed in
Part 2 of Schedule 1 to the Juries Act 1974 (c. 23)), and
(b)
knows that he or she is disqualified from jury service.
      (2)
A person guilty of an offence under this paragraph is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
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2     (1)
It is an offence for a person—

Coroners and Justice Bill
Schedule 5 — Offences
Part 2 — Offences relating to witnesses and evidence
132

(a)
to refuse without reasonable excuse to answer any question put
under section 8(5),
(b)
to give an answer to such a question knowing the answer be false in
a material particular, or
(c)
recklessly to give an answer to such a question that is false in a
5
material particular.
      (2)
A person guilty of an offence under this paragraph is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
3     (1)
It is an offence for a person who is duly summoned as a juror at an inquest—
(a)
to make any false representation, or
10
(b)
to cause or permit to be made any false representation on his or her
behalf,

with the intention of evading service as a juror at an inquest.
      (2)
A person guilty of an offence under this paragraph is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
15
4     (1)
It is an offence for a person to make or cause to be made, on behalf of a
person who has been duly summoned as a juror at an inquest, any false
representation with the intention of enabling the other person to evade
service as a juror at an inquest.
      (2)
A person guilty of an offence under this paragraph is liable on summary
20
conviction to a fine not exceeding level 3 on the standard scale.
5     (1)
A senior coroner may impose a fine not exceeding £1000 on a person duly
summoned as a juror at an inquest who—
(a)
fails without reasonable excuse to attend in accordance with the
summons, or
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(b)
attends in accordance with the summons but refuses without
reasonable excuse to serve as a juror.
      (2)
But a fine may not be imposed under this paragraph unless the summons
was duly served on the person in question not later than 14 days before the
day on which he or she was required to attend.
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Part 2
Offences relating to witnesses and evidence
6
A senior coroner may impose a fine not exceeding £1000 on a person who
fails without reasonable excuse to do anything required by a notice under
paragraph 1 of Schedule 4.
35
7     (1)
It is an offence for a person to do anything that is intended to have the effect
of—
(a)
distorting or otherwise altering any evidence, document or other
thing that is given, produced or provided for the purposes of an
investigation under this Part of this Act, or
40
(b)
preventing any evidence, document or other thing from being given,
produced or provided for the purposes of such an investigation,

or to do anything that the person knows or believes is likely to have that
effect.

Coroners and Justice Bill
Schedule 5 — Offences
Part 3 — Miscellaneous
133

      (2)
It is an offence for a person—
(a)
intentionally to suppress or conceal a document that is, and that the
person knows or believes to be, a relevant document, or
(b)
intentionally to alter or destroy such a document.
      (3)
For the purposes of sub-paragraph (2) a document is a “relevant document”
5
if it is likely that a person conducting an investigation under this Part of this
Act would (if aware of its existence) wish to be provided with it.
      (4)
A person does not commit an offence under sub-paragraph (1) or (2) by
doing anything that is authorised or required—
(a)
by a senior coroner, or
10
(b)
by virtue of paragraph 2 of Schedule 4 or any privilege that applies.
      (5)
Proceedings for an offence under sub-paragraph (1) or (2) may be instituted
only by or with the consent of the Director of Public Prosecutions.
      (6)
A person guilty of an offence under sub-paragraph (1) or (2) is liable on
summary conviction to a fine not exceeding level 3 on the standard scale, or
15
to imprisonment for a term not exceeding 51 weeks, or to both.
8     (1)
It is an offence for a person, in giving unsworn evidence at an inquest by
virtue of section 34(2)(a), to give false evidence in such circumstances that,
had the evidence been given on oath, he or she would have been guilty of
perjury.
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      (2)
A person guilty of an offence under this paragraph is liable on summary
conviction to a fine not exceeding £1000, or to imprisonment for a term not
exceeding 51 weeks, or to both.
      (3)
In relation to a person under the age of 14, sub-paragraph (2) has effect as if
for the words following “summary conviction” there were substituted “to a
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fine not exceeding £250”.
      (4)
For the purposes of sub-paragraph (3), a person’s age is to be taken to be that
which it appears to the court to be after considering any available evidence.
Part 3
Miscellaneous
30
9     (1)
The powers of a senior coroner under paragraph 5 or 6 are additional to, and
do not affect, any other power the coroner may have—
(a)
to compel a person to appear before him or her;
(b)
to compel a person to give evidence or produce any document or
other thing;
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(c)
to punish a person for contempt of court for failure to appear or to
give evidence or to produce any document or other thing.
      (2)
But a person may not be fined under paragraph 5 or 6 and also be punished
under any such other power.
10
In relation to an offence committed before the commencement of section
40
281(5) of the Criminal Justice Act 2003 (c. 44), a reference in this Schedule to
51 weeks is to be read as a reference to 6 months.