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Coroners and Justice Bill


Coroners and Justice Bill
Schedule 17 — Exploitation proceeds investigations

181

 

(c)   

after subsection (8) insert—

“(8A)   

In the case of an exploitation proceeds investigation, material

falls within this subsection if it cannot be identified at the

time of the application but it—

(a)   

relates to the person specified in the application, the

5

question whether exploitation proceeds have been

obtained from a relevant offence in relation to that

person, any question as to the extent or whereabouts

of any benefit as a result of which exploitation

proceeds are obtained or any question about the

10

person’s available amount, and

(b)   

is likely to be of substantial value (whether or not by

itself) to the investigation for the purposes of which

the warrant is sought.

   

This subsection is to be construed in accordance with Part 7

15

of the Coroners and Justice Act 2009 (criminal memoirs etc).”,

and

(d)   

after subsection (10)(c) add—

“(d)   

a member of SOCA’s staff, if the warrant is sought for

the purposes of an exploitation proceeds

20

investigation.”

12         

In section 356 (further provision: civil recovery), in subsection (1) after “civil

recovery investigations” insert “or exploitation proceeds investigations”.

13         

In section 357 (disclosure orders)—

(a)   

after subsection (3)(b) add “, or

25

(c)   

a person specified in the application is subject to an

exploitation proceeds investigation and the order is

sought for the purposes of the investigation.”, and

(b)   

after subsection (7)(b) add “; and

(c)   

in relation to an exploitation proceeds investigation, a

30

member of SOCA’s staff.”

14         

In section 358(2) (requirements for making of disclosure order) after

paragraph (b) add—

“(c)   

in the case of an exploitation proceeds investigation, the

person specified in the application for the order is a person

35

within section 346(2A).”

15         

In section 362(5) (supplementary) after “investigation” add “or an

exploitation proceeds investigation”.

16         

In section 363(2) (customer information orders), in paragraph (a) after

“investigation”, in first place it occurs, insert “, an exploitation proceeds

40

investigation”.

17         

In section 370(2) (account monitoring orders), in paragraph (a) after

“confiscation investigation” insert “, an exploitation proceeds investigation”.

18         

After section 378(6) (officers) insert—

“(6A)   

In relation to an exploitation proceeds investigation, a member of

45

SOCA’s staff is an appropriate officer.”

 
 

Coroners and Justice Bill
Schedule 18 — Amendments of the Data Protection Act 1998 (c. 29)
Part 3 — Powers to require information

182

 

Schedule 18

Section 156

 

Amendments of the Data Protection Act 1998 (c. 29)

Part 1

Data controllers’ registration

1          

In section 16 of the Data Protection Act 1998 (meaning of “the registrable

5

particulars” etc), in subsection (1)—

(a)   

omit “and” at the end of paragraph (ff), and

(b)   

after paragraph (g) insert “, and

(h)   

such information about the data controller as may be

prescribed under section 18(5A).”

10

2          

In section 18 of that Act (notification by data controllers), after subsection (5)

insert—

“(5A)   

Notification regulations may prescribe the information about the

data controller which is required for the purpose of verifying the fee

payable under subsection (5).”

15

3          

In section 19 of that Act (register of notifications), after subsection (7) add—

“(8)   

Nothing in subsection (6) or (7) applies to information which is

included in an entry in the register only by reason of it falling within

section 16(1)(h).”

Part 2

20

Assessment Notices

4     (1)  

Section 48 of that Act (rights of appeal) is amended as follows.

      (2)  

In subsection (1) after “enforcement notice” insert “, an assessment notice”.

      (3)  

In subsection (3)—

(a)   

after “enforcement notice” insert “, an assessment notice”, and

25

(b)   

after “40(8)” insert “, 41A(8)”.

5          

In section 70(1) of that Act (supplementary definitions) for the definition of

“government department” substitute—

““government department” (except in Part 5A) includes—

(a)   

any part of the Scottish Administration;

30

(b)   

a Northern Ireland department;

(c)   

the Welsh Assembly Government;

(d)   

any body or authority exercising statutory functions

on behalf of the Crown.”

Part 3

35

Powers to require information

6     (1)  

Section 43 of that Act (information notices) is amended as follows.

 
 

Coroners and Justice Bill
Schedule 18 — Amendments of the Data Protection Act 1998 (c. 29)
Part 4 — Restriction on use of information

183

 

      (2)  

In subsection (1) for “, within” to the end substitute “to furnish the

Commissioner with specified information relating to the request or to

compliance with the principles.”

      (3)  

After that subsection insert—

“(1A)   

In subsection (1) “specified information” means information—

5

(a)   

specified, or described, in the information notice, or

(b)   

falling within a category which is specified, or described, in

the information notice.

(1B)   

The Commissioner may also specify in the information notice—

(a)   

the form in which the information must be furnished;

10

(b)   

the period within which, or the time and place at which, the

information must be furnished.”

      (4)  

In subsection (4) for “the time” to “expire” substitute “a period specified in

an information notice under subsection (1B)(b) must not end, and a time so

specified must not fall,”.

15

7     (1)  

Section 44 of that Act (special information notices) is amended as follows.

      (2)  

in subsection (1) for “, within” to the end substitute “to furnish the

Commissioner with specified information for the purpose specified in

subsection (2).”

      (3)  

After subsection (1) insert—

20

“(1A)   

In subsection (1) “specified information” means information—

(a)   

specified, or described, in the special information notice, or

(b)   

falling within a category which is specified, or described, in

the special information notice.

(1B)   

The Commissioner may also specify in the special information

25

notice—

(a)   

the form in which the information must be furnished;

(b)   

the period within which, or the time and place at which, the

information must be furnished.”

      (4)  

In subsection (5) for “the time” to “expire” substitute “a period specified in a

30

special information notice under subsection (1B)(b) must not end, and a time

so specified must not fall,”.

Part 4

Restriction on use of information

8     (1)  

Section 43 of that Act (information notices) is amended as follows.

35

      (2)  

In subsection (8), for “other than an offence under this Act,” substitute “,

other than an offence under this Act or an offence within subsection (8A),”.

      (3)  

After that subsection insert—

“(8A)   

The offences mentioned in subsection (8) are—

(a)   

an offence under section 5 of the Perjury Act 1911 (false

40

statements made otherwise than on oath),

 
 

Coroners and Justice Bill
Schedule 18 — Amendments of the Data Protection Act 1998 (c. 29)
Part 4 — Restriction on use of information

184

 

(b)   

an offence under section 44(2) of the Criminal Law

(Consolidation) (Scotland) Act 1995 (false statements made

otherwise than on oath), or

(c)   

an offence under Article 10 of the Perjury (Northern Ireland)

Order 1979 (false statutory declarations and other false

5

unsworn statements).

(8B)   

Any relevant statement provided by a person in response to a

requirement under this section may not be used in evidence against

that person on a prosecution for any offence under this Act (other

than an offence under section 47) unless in the proceedings—

10

(a)   

in giving evidence the person provides information

inconsistent with it, and

(b)   

evidence relating to it is adduced, or a question relating to it

is asked, by that person or on that person’s behalf.

(8C)   

In subsection (8B) “relevant statement”, in relation to a requirement

15

under this section, means—

(a)   

an oral statement, or

(b)   

a written statement made for the purposes of the

requirement.”

9     (1)  

Section 44 of that Act (special information notices) is amended as follows.

20

      (2)  

In subsection (9), for “other than an offence under this Act,” substitute “,

other than an offence under this Act or an offence within subsection (9A),”.

      (3)  

After subsection (9) of that section insert—

“(9A)   

The offences mentioned in subsection (9) are—

(a)   

an offence under section 5 of the Perjury Act 1911 (false

25

statements made otherwise than on oath),

(b)   

an offence under section 44(2) of the Criminal Law

(Consolidation) (Scotland) Act 1995 (false statements made

otherwise than on oath), or

(c)   

an offence under Article 10 of the Perjury (Northern Ireland)

30

Order 1979 (false statutory declarations and other false

unsworn statements).

(9B)   

Any relevant statement provided by a person in response to a

requirement under this section may not be used in evidence against

that person on a prosecution for any offence under this Act (other

35

than an offence under section 47) unless in the proceedings—

(a)   

in giving evidence the person provides information

inconsistent with it, and

(b)   

evidence relating to it is adduced, or a question relating to it

is asked, by that person or on that person’s behalf.

40

(9C)   

In subsection (9B) “relevant statement”, in relation to a requirement

under this section, means—

(a)   

an oral statement, or

(b)   

a written statement made for the purposes of the

requirement.”

45

10    (1)  

Paragraph 11 of Schedule 7 to that Act (miscellaneous exemptions: self

incrimination) is amended as follows.

 
 

Coroners and Justice Bill
Schedule 18 — Amendments of the Data Protection Act 1998 (c. 29)
Part 6 — Warrant for entry and inspection

185

 

      (2)  

In sub-paragraph (1), for “other than an offence under this Act,” substitute “,

other than an offence under this Act or an offence within sub-paragraph

(1A),”.

      (3)  

After that sub-paragraph insert—

   “(1A)  

The offences mentioned in sub-paragraph (1) are—

5

(a)   

an offence under section 5 of the Perjury Act 1911 (false

statements made otherwise than on oath),

(b)   

an offence under section 44(2) of the Criminal Law

(Consolidation) (Scotland) Act 1995 (false statements made

otherwise than on oath), or

10

(c)   

an offence under Article 10 of the Perjury (Northern

Ireland) Order 1979 (false statutory declarations and other

false unsworn statements).”

Part 5

Monetary penalties: restriction on matters to be taken into account

15

11         

In section 55A of that Act (power of Commissioner to impose monetary

penalties), after subsection (3) insert—

“(3A)   

The Commissioner may not be satisfied as mentioned in subsection

(1) by virtue of any matter which comes to the Commissioner’s

attention as a result of anything done in pursuance of—

20

(a)   

an assessment notice;

(b)   

an assessment under section 51(7).”

Part 6

Warrant for entry and inspection

12    (1)  

Schedule 9 to that Act (powers of entry and inspection) is amended as

25

follows.

      (2)  

In paragraph 1(3) for the words from “to enter” to the end substitute “—

(a)   

to enter the premises;

(b)   

to search the premises;

(c)   

to inspect, examine, operate and test any equipment found

30

on the premises which is used or intended to be used for

the processing of personal data;

(d)   

to inspect and seize any documents or other material

found on the premises which may be such evidence as is

mentioned in sub-paragraph (1);

35

(e)   

to require any person on the premises to provide an

explanation of any document or other material found on

the premises;

(f)   

to require any person on the premises to provide such

other information as may reasonably be required for the

40

purpose of determining whether the data controller has

contravened, or is contravening, the data protection

principles.”

 
 

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc

186

 

      (3)  

In paragraph 12, at the end of paragraph (b) insert—

“(c)   

makes a statement in response to a requirement under

paragraph (e) or (f) of paragraph 1(3) which that person

knows to be false in a material respect, or

(d)   

recklessly makes a statement in response to such a

5

requirement which is false in a material respect,”.

      (4)  

After paragraph 15 add—

“Self-incrimination

16         

An explanation given, or information provided, by a person in

response to a requirement under paragraph (e) or (f) of paragraph

10

1(3) may only be used in evidence against that person—

(a)   

on a prosecution for an offence under—

(i)   

paragraph 12,

(ii)   

section 5 of the Perjury Act 1911 (false statements

made otherwise than on oath),

15

(iii)   

section 44(2) of the Criminal Law (Consolidation)

(Scotland) Act 1995 (false statements made

otherwise than on oath), or

(iv)   

Article 10 of the Perjury (Northern Ireland) Order

1979 (false statutory declarations and other false

20

unsworn statements), or

(b)   

on a prosecution for any other offence where—

(i)   

in giving evidence that person makes a statement

inconsistent with that explanation or information,

and

25

(ii)   

evidence relating to that explanation or

information is adduced, or a question relating to it

is asked, by that person or on that person’s behalf.”

Schedule 19

Section 158

 

Minor and consequential amendments

30

Part 1

Coroners etc

Cremation Act 1902 (c. 8)

1          

In section 10 of the Cremation Act 1902 (saving for coroners), for “the

Coroners Act 1988” substitute “Part 1 of the Coroners and Justice Act 2009”.

35

Births and Deaths Registration Act 1926 (c. 48)

2          

The Births and Deaths Registration Act 1926 is amended as follows.

3          

In section 4 (prohibition of removal of body out of England without notice),

for “the coroner within whose jurisdiction the body is lying” substitute “the

senior coroner in whose area the body is situated,”.

40

 
 

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc

187

 

4          

In section 5 (burial of still-born children), for the words after “delivered to

him” substitute “either—

(a)   

a certificate given by the registrar under section 11(2) or (3) of

the Births and Deaths Registration Act 1953, or

(b)   

in a case in relation to which a senior coroner has made

5

enquiries under section 1(7) of the Coroners and Justice Act

2009 (or has purported to conduct an investigation under

Part 1 of that Act), an order of the coroner.”

Visiting Forces Act 1952 (c. 67)

5     (1)  

Section 7 of the Visiting Forces Act 1952 (provisions as to coroners’ inquests

10

etc) is amended as follows.

      (2)  

For subsection (1) substitute—

“(1)   

Subsections (1A) and (1B) of this section apply if a coroner who has

jurisdiction to conduct an investigation under Part 1 of the Coroners

and Justice Act 2009 into a person’s death is satisfied that the

15

deceased person, at the time of the death, had a relevant association

with a visiting force.

(1A)   

If no investigation into the person’s death has begun, the coroner

shall not begin an investigation unless directed to do so by the Lord

Chancellor.

20

(1B)   

If an investigation into the person’s death has begun but has not been

completed, the coroner shall suspend the investigation unless

directed not to do so by the Lord Chancellor.”

      (3)  

In subsection (2)—

(a)   

for the words from “the last” to “a death” substitute “subsections (1)

25

to (1B) of this section, if in the course of an investigation under Part

1 of the Coroners and Justice Act 2009 into a person’s death”;

(b)   

for “Secretary of State” substitute “Lord Chancellor”;

(c)   

for the words from “adjourn the inquest” to “discharge the jury,”

substitute “suspend the investigation”;

30

(d)   

for “at the inquest” substitute “in the course of the investigation”.

      (4)  

After subsection (2) insert—

“(2A)   

A coroner who suspends an investigation under this section shall—

(a)   

adjourn any inquest being held as part of the investigation,

and

35

(b)   

discharge any jury that has been summoned.

(2B)   

The suspension of an investigation under this section does not

prevent its suspension under Schedule 1 to the Coroners and Justice

Act 2009; and vice versa.”

      (5)  

For subsection (3) substitute—

40

“(3)   

Where an investigation is suspended under this section, the coroner

shall not resume it except on the direction of the Lord Chancellor.

(3A)   

Where the investigation is resumed, the coroner must resume any

inquest that was adjourned under subsection (2A).

 
 

 
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