Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

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.
15
(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
30
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
35
(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;