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Coroners and Justice Bill


Coroners and Justice Bill
Schedule 9 — Amendments to the Coroners Act (Northern Ireland) 1959

139

 

Schedule 9

Section 38

 

Amendments to the Coroners Act (Northern Ireland) 1959

Witnesses and evidence

1          

In the Coroners Act (Northern Ireland) 1959 (c. 15), for section 17 (witnesses

to be summoned) substitute—

5

“17A    

Power to require evidence to be given or produced

(1)   

A coroner who proceeds to hold an inquest may by notice require a

person to attend at a time and place stated in the notice and—

(a)   

to give evidence at the inquest,

(b)   

to produce any documents in the custody or under the

10

control of the person which relate to a matter that is relevant

to the inquest, or

(c)   

to produce for inspection, examination or testing any other

thing in the custody or under the control of the person which

relates to a matter that is relevant to the inquest.

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(2)   

A coroner who is making any investigation to determine whether or

not an inquest is necessary, or who proceeds to hold an inquest, may

by notice require a person, within such period as the coroner thinks

reasonable—

(a)   

to provide evidence to the coroner, about any matters

20

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 inquest, or

(c)   

to produce for inspection, examination or testing any other

25

thing in the custody or under the control of the person which

relates to a matter that is relevant to the investigation or

inquest.

(3)   

A notice under subsection (1) or (2) shall—

(a)   

explain the possible consequences, under subsection (6), of

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not complying with the notice;

(b)   

indicate what the recipient of the notice should do if he

wishes to make a claim under subsection (4).

(4)   

A claim by a person that—

(a)   

he is unable to comply with a notice under this section, or

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(b)   

it is not reasonable in all the circumstances to require him to

comply with such a notice,

   

is to be determined by the coroner, who may revoke or vary the

notice on that ground.

(5)   

In deciding whether to revoke or vary a notice on the ground

40

mentioned in subsection (4)(b), the coroner shall consider the public

interest in the information in question being obtained for the

purposes of the inquest, having regard to the likely importance of the

information.

 
 

Coroners and Justice Bill
Schedule 9 — Amendments to the Coroners Act (Northern Ireland) 1959

140

 

(6)   

A coroner may impose a fine not exceeding £1000 on a person who

fails without reasonable excuse to do anything required by a notice

under subsection (1) or (2).

(7)   

For the purposes of this section a document or thing is under a

person’s control if it is in the person’s possession or if he has a right

5

to possession of it.

(8)   

Nothing in this section shall prevent a person who has not been

given a notice under subsection (1) or (2) from giving or producing

any evidence, document or other thing.

17B     

Giving or producing evidence: further provision

10

(1)   

The power of a coroner under section 17A(6) is additional to, and

does not affect, any other power the coroner may have—

(a)   

to compel a person to appear before him;

(b)   

to compel a person to give evidence or produce any

document or other thing;

15

(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.

   

But a person may not be fined under that section and also be

punished under any such other power.

20

(2)   

A person may not be required to give or produce any evidence or

document under section 17A if—

(a)   

he could not be required to do so in civil proceedings in a

court in Northern Ireland, or

(b)   

the requirement would be incompatible with a Community

25

obligation.

(3)   

The rules of law under which evidence or documents are permitted

or required to be withheld on grounds of public interest immunity

apply in relation to an inquest as they apply in relation to civil

proceedings in a court in Northern Ireland.

30

17C     

Offences relating to evidence

(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 or produced for the purposes of any

35

investigation or inquest under this Act, or

(b)   

preventing any evidence, document or other thing from

being given or produced for the purposes of such an

investigation or inquest,

   

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

40

that effect.

(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

45

(b)   

intentionally to alter or destroy such a document.

 
 

Coroners and Justice Bill
Schedule 9 — Amendments to the Coroners Act (Northern Ireland) 1959

141

 

(3)   

For the purposes of subsection (2) a document is a “relevant

document” if it is likely that a coroner making any investigation or

holding an inquest would (if aware of its existence) wish to be

provided with it.

(4)   

A person does not commit an offence under subsection (1) or (2) by

5

doing anything that is authorised or required—

(a)   

by a coroner, or

(b)   

by virtue of section 17B(2) or (3) or any privilege that applies.

(5)   

Proceedings for an offence under subsection (1) or (2) may be

instituted only by or with the consent of the Director of Public

10

Prosecutions for Northern Ireland.

(6)   

A person guilty of an offence under subsection (1) or (2) is liable on

summary conviction to a fine not exceeding level 3 on the standard

scale, or to imprisonment for a term not exceeding 6 months, or to

both.”

15

2          

Omit sections 19 (service of summonses) and 20 (provisions as to witnesses)

of that Act.

Certified inquest to be held without a jury

3          

After section 18 of that Act (requirement to summon jury in certain cases)

insert—

20

“18A    

Certified inquest to be held without jury

(1)   

The Secretary of State may certify an inquest if of the opinion that—

(a)   

the inquest will concern or involve a matter that should not

be made public for any of the reasons set out in subsection (2),

and

25

(b)   

no other measures would be adequate to prevent the matter

being made public.

(2)   

The reasons are—

(a)   

in order to protect the interests of—

(i)   

national security,

30

(ii)   

the relationship between the United Kingdom and

another country, or

(iii)   

preventing or detecting crime;

(b)   

in order to protect the safety of a witness or other person;

(c)   

otherwise in order to prevent real harm to the public interest.

35

(3)   

Where a certification under this section has effect, the inquest must

be held or (as the case may be) continued without a jury, so that—

(a)   

if a jury has not been summoned, the coroner must not cause

a jury to be summoned, and

(b)   

if a jury has been summoned, the coroner must discharge the

40

jury.

(4)   

Accordingly, the following do not apply in relation to the inquest

whilst the certification has effect—

 
 

Coroners and Justice Bill
Schedule 10 — Encouraging or assisting suicide: providers of information society services

142

 

(a)   

the power under subsection (1) of section 13 or subsection (2)

of section 18 to hold the inquest or part of the inquest with a

jury, and

(b)   

the duty under subsection (1) of section 18 to hold the inquest

with a jury in the circumstances set out in that subsection.

5

(5)   

A certification under this section has effect in relation to an inquest

until it is discontinued by the Secretary of State.

(6)   

Where a certification is discontinued—

(a)   

if subsection (1) of section 18 applies in relation to the inquest

in question, the coroner shall cause a jury to be summoned in

10

accordance with that subsection, and

(b)   

otherwise, if it appears to the coroner that it is desirable to

summon a jury, the coroner may cause a jury to be

summoned in accordance with that subsection.

(7)   

If a jury is summoned—

15

(a)   

the coroner shall proceed in all respects as if the inquest had

not previously begun, and

(b)   

the provisions of this Act apply accordingly as if that were

the case.”

4          

In section 13 of that Act (power of coroner to hold inquest), in subsection (1),

20

after “sub-section (2)” insert “and section 18A”.

5          

In section 18 of that Act, after subsection (3) insert—

“(4)   

This section is subject to section 18A.”

Schedule 10

Section 48

 

Encouraging or assisting suicide: providers of information society services

25

Domestic service providers: extension of liability

1     (1)  

This paragraph applies where a service provider is established in England

and Wales (an “E&W service provider”).

      (2)  

Section 2 of the Suicide Act 1961 (c. 60) (criminal liability for complicity in

another’s suicide) applies to an E&W service provider who—

30

(a)   

does an act, in an EEA state other than the United Kingdom, which

is capable of encouraging or assisting the suicide or attempted

suicide of another person and which is intended to encourage or

assist suicide or an attempt at suicide, and

(b)   

does that act in the course of providing information society services,

35

           

as well as to persons (of any description) who do such acts in England and

Wales.

      (3)  

In the case of an offence under that section, as it applies to an E&W service

provider by virtue of sub-paragraph (2)—

(a)   

proceedings for the offence may be taken at any place in England and

40

Wales, and

 
 

Coroners and Justice Bill
Schedule 10 — Encouraging or assisting suicide: providers of information society services

143

 

(b)   

the offence may for all incidental purposes be treated as having been

committed at any such place.

      (4)  

Nothing in this paragraph is to be read as affecting the operation of any of

paragraphs 4 to 6.

2     (1)  

This paragraph applies where a service provider is established in Northern

5

Ireland (a “NI service provider”).

      (2)  

Section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20)

(criminal liability for complicity in another’s suicide) applies to a NI service

provider who—

(a)   

does an act, in an EEA state other than the United Kingdom, which

10

is capable of encouraging or assisting the suicide or attempted

suicide of another person and which is intended to encourage or

assist suicide or an attempt at suicide, and

(b)   

does that act in the course of providing information society services,

           

as well as to persons (of any description) who do such acts in Northern

15

Ireland.

      (3)  

In the case of an offence under that section, as it applies to a NI service

provider by virtue of sub-paragraph (2)—

(a)   

proceedings for the offence may be taken at any place in Northern

Ireland, and

20

(b)   

the offence may for all incidental purposes be treated as having been

committed at any such place.

      (4)  

Nothing in this paragraph is to be read as affecting the operation of any of

paragraphs 4 to 6.

Non-UK service providers: restriction on institution of proceedings

25

3     (1)  

This paragraph applies where a service provider is established in an EEA

state other than the United Kingdom (a “non-UK service provider”).

      (2)  

Proceedings for a relevant offence may not be instituted against a non-UK

service provider in respect of anything done in the course of the provision of

information society services unless the derogation condition is satisfied.

30

      (3)  

“Relevant offence” means an offence under—

(a)   

section 2 of the Suicide Act 1961 (c. 60) (criminal liability for

complicity in another’s suicide), or

(b)   

section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20)

(criminal liability for complicity in another’s suicide).

35

      (4)  

The derogation condition is satisfied where the institution of proceedings—

(a)   

is necessary for the purposes of the public interest objective,

(b)   

relates to an information society service that prejudices that objective

or presents a serious and grave risk of prejudice to that objective, and

(c)   

is proportionate to that objective.

40

      (5)  

“The public interest objective” means the pursuit of public policy.

 
 

Coroners and Justice Bill
Schedule 10 — Encouraging or assisting suicide: providers of information society services

144

 

Exceptions for mere conduits

4     (1)  

A service provider is not capable of being guilty of a relevant offence in

respect of anything done in the course of providing so much of an

information society service as consists in—

(a)   

the provision of access to a communication network, or

5

(b)   

the transmission in a communication network of information

provided by a recipient of the service,

           

if the condition in sub-paragraph (2) is satisfied.

      (2)  

The condition is that the service provider does not—

(a)   

initiate the transmission,

10

(b)   

select the recipient of the transmission, or

(c)   

select or modify the information contained in the transmission.

      (3)  

For the purposes of sub-paragraph (1)—

(a)   

the provision of access to a communication network, and

(b)   

the transmission of information in a communication network,

15

           

includes the automatic, intermediate and transient storage of the

information transmitted so far as the storage is solely for the purpose of

carrying out the transmission in the network.

      (4)  

Sub-paragraph (3) does not apply if the information is stored for longer than

is reasonably necessary for the transmission.

20

Exception for caching

5     (1)  

This paragraph applies where an information society service consists in the

transmission in a communication network of information provided by a

recipient of the service.

      (2)  

The service provider is not capable of being guilty of a relevant offence in

25

respect of the automatic, intermediate and temporary storage of information

so provided, if—

(a)   

the storage of the information is solely for the purpose of making

more efficient the onward transmission of the information to other

recipients of the service at their request, and

30

(b)   

the condition in sub-paragraph (3) is satisfied.

      (3)  

The condition is that the service provider—

(a)   

does not modify the information,

(b)   

complies with any conditions attached to having access to the

information, and

35

(c)   

(where sub-paragraph (4) applies) expeditiously removes the

information or disables access to it.

      (4)  

This sub-paragraph applies if the service provider obtains actual knowledge

that—

(a)   

the information at the initial source of the transmission has been

40

removed from the network,

(b)   

access to it has been disabled, or

(c)   

a court or administrative authority has ordered the removal from the

network of, or the disablement of access to, the information.

 
 

Coroners and Justice Bill
Schedule 10 — Encouraging or assisting suicide: providers of information society services

145

 

Exception for hosting

6     (1)  

A service provider is not capable of being guilty of a relevant offence in

respect of anything done in the course of providing so much of an

information society service as consists in the storage of information

provided by a recipient of the service if—

5

(a)   

the service provider had no actual knowledge when the information

was provided that the information was capable of, and provided

with the intention of, encouraging or assisting suicide or an attempt

at suicide, or

(b)   

on obtaining such knowledge, the service provider expeditiously

10

removed the information or disabled access to the information.

      (2)  

Sub-paragraph (1) does not apply if the recipient of the service is acting

under the authority or control of the service provider.

Interpretation

7     (1)  

This paragraph applies for the purposes of this Schedule.

15

      (2)  

“Relevant offence” has the same meaning as in paragraph 3.

      (3)  

“Information society services”—

(a)   

has the meaning given in Article 2(a) of the E-Commerce Directive

(which refers to Article 1(2) of Directive 98/34/EC of the European

Parliament and of the Council of 22 June 1998 laying down a

20

procedure for the provision of information in the field of technical

standards and regulations), and

(b)   

is summarised in recital 17 of the E-Commerce Directive as covering

“any service normally provided for remuneration, at a distance, by

means of electronic equipment for the processing (including digital

25

compression) and storage of data, and at the individual request of a

recipient of a service”;

           

and “the E-Commerce Directive” means Directive 2000/31/EC of the

European Parliament and of the Council of 8 June 2000 on certain legal

aspects of information society services, in particular electronic commerce, in

30

the Internal Market (Directive on electronic commerce).

      (4)  

“Recipient”, in relation to a service, means any person who, for professional

ends or otherwise, uses an information society service, in particular for the

purposes of seeking information or making it accessible.

      (5)  

“Service provider” means a person providing an information society service.

35

      (6)  

For the purpose of construing references in this Schedule to a service

provider who is established in a part of the United Kingdom or in some

other EEA state—

(a)   

a service provider is established in a particular part of the United

Kingdom, or in a particular EEA state, if the service provider—

40

(i)   

effectively pursues an economic activity using a fixed

establishment in that part of the United Kingdom, or that

EEA state, for an indefinite period, and

(ii)   

is a national of an EEA state or a company or firm mentioned

in Article 48 of the Treaty establishing the European

45

Community;

 
 

 
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