Coroners and Justice Bill

House of Commons

Session 2008 - 09
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Coroners and Justice Bill

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 1 — Coroners etc
214

Schedule 20
Section 158

Transitional, transitory and saving provisions
Part 1
Coroners etc
Coroner areas
5
1     (1)
Where an order is made under section 163(4) bringing into force the repeal
of sections 1 to 7 of the 1988 Act (coroners, coroners’ districts and deputy
coroners), the Lord Chancellor must make an order under paragraph 1 of
Schedule 2—
(a)
specifying as a coroner area the area of each coroner’s district
10
immediately before the repeal, and
(b)
coming into force at the same time as the repeal.

The order made by virtue of this sub-paragraph is referred to in this
Schedule as the “transitional order”.
      (2)
Paragraph 1(2) of Schedule 2 does not apply to the coroner areas specified in
15
the transitional order.
      (3)
The transitional order must specify, as the name of each coroner area, the
name by which the corresponding coroner’s district was known (but ending
“coroner area” instead of “coroner’s district”).
      (4)
The transitional order must, in relation to each coroner area, contain the
20
provision that may be made under paragraph 2(1)(b) of Schedule 3
(minimum number of assistant coroners).
Relevant authorities
2     (1)
For the purposes of this Part, the “relevant authority” for each coroner area
specified in the transitional order is the authority that was the relevant
25
council under the 1988 Act for the corresponding coroner’s district.
      (2)
This paragraph does not apply in relation to a coroner area specified in any
subsequent order under Schedule 2.
Senior and assistant coroners
3     (1)
Sub-paragraphs (2) and (3) apply on the coming into force of the repeal by
30
this Act of sections 1 to 7 of the 1988 Act.
      (2)
A person who—
(a)
immediately before the repeal was the coroner for a district, and
(b)
would, but for the repeal, continue in office,

is to be treated as having been appointed under paragraph 1(1) of Schedule
35
3 as the senior coroner for the corresponding coroner area.
      (3)
A person who—
(a)
immediately before the repeal was the deputy coroner or an assistant
deputy coroner appointed by the coroner for a district, and
(b)
would, but for the repeal, continue in office,
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Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 1 — Coroners etc
215


is to be treated as having been appointed under paragraph 2(4) of Schedule
3 as an assistant coroner for the corresponding coroner area.
      (4)
A person who—
(a)
becomes an assistant coroner as the result of sub-paragraph (3), and
(b)
would accordingly (but for this sub-paragraph) be entitled to fees
5
under paragraph 16 of Schedule 3,

is instead entitled to a salary under paragraph 15 of that Schedule if
immediately before becoming an assistant coroner he or she was a deputy
coroner remunerated by a salary.
      (5)
Paragraphs 15(6) and 17 of Schedule 3 have effect as if a reference to an area
10
coroner included a reference to a person within sub-paragraph (4).
      (6)
Paragraphs 3 and 4 of Schedule 3 do not apply in relation to a deemed
appointment under sub-paragraph (2) or (3) above.
      (7)
Paragraph 10 of that Schedule does not apply to a person who becomes a
senior coroner, area coroner or assistant coroner as the result of sub-
15
paragraph (2) or (3) above.
Certified investigations and inquests
4
In relation to—
(a)
any time before the commencement of the repeal by this Act of the
1988 Act, or
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(b)
any inquest under the 1988 Act that has begun, but has not been
concluded, before the commencement of sections 11 and 12,

an order made by the Lord Chancellor may provide for that Act to have
effect subject to provisions set out in the order that correspond with those
contained in sections 11 and 12, and with any consequential modifications
25
set out in the order.
5
Section 13 has effect in relation to inquests that have begun, but have not
been concluded, before the day on which that section comes into force (as
well as to inquests beginning on or after that day).
6
Paragraph 3 of Schedule 9 has effect in relation to inquests that have begun,
30
but have not been concluded, before the day on which that paragraph comes
into force (as well as to inquests beginning on or after that day).
Investigation by former coroner
7
A person who—
(a)
was appointed as a coroner under section 1 of the 1988 Act, and
35
(b)
ceased to hold office as such before the coming into force of the
repeal by this Act of that section,

is to be treated for the purposes of paragraph 2(3) of Schedule 8 as having
held office as a senior coroner.
Interpretation
40
8
In this Part—
“the 1988 Act” means the Coroners Act 1988 (c. 13);

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 2 — Criminal offences
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“coroner’s district” or “district” means a coroner’s district for the
purposes of the 1988 Act;
“corresponding coroner area”, in relation to a district, means the
coroner area that (by virtue of the transitional order) has the same
area as that district;
5
“corresponding coroner’s district”, in relation to a coroner area, means
the coroner’s district whose area becomes (by virtue of the
transitional order) the area of that coroner area;
“transitional order” means the order made by virtue of paragraph 1(1).
Part 2
10
Criminal offences
Commencement of Chapter 1 of Part 2
9     (1)
No provision of Chapter 1 of Part 2 affects the operation of—
(a)
any rule of the common law, or
(b)
any provision of an Act or of subordinate legislation,
15

in relation to offences committed wholly or partly before the
commencement of the provision in question.
      (2)
For the purposes of this paragraph an offence is partly committed before a
particular time if—
(a)
a relevant event occurs before that time, and
20
(b)
another relevant event occurs at or after that time.
      (3)
“Relevant event” in relation to an offence means any act, omission or other
event (including any consequence of an act) proof of which is required for
conviction of the offence.
Suicide
25
10
The reference to “aiding, abetting, counselling or procuring suicide” in the
following enactments is to be read as including a reference to “an offence
under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide)
in connection with the death of a person”—
(a)
section 70(4) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18);
30
(b)
section 70(4) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);
(c)
section 48(2) of the Naval Discipline Act 1957 (c. 53).
11
Until such time as the following provisions of the Coroners Act 1988 (c. 13)
are repealed by this Act, they have effect with the following amendments—
(a)
in section 16(1)(a)(iii) for “consisting of aiding, abetting, counselling
35
or procuring the suicide of the deceased” substitute “(encouraging or
assisting suicide) in connection with the death of the deceased”,
(b)
in section 17(1)(c) for “consisting of aiding, abetting, counselling or
procuring the suicide of another” substitute “(encouraging or
assisting suicide) in connection with a death”, and
40
(c)
in section 17(2)(c) for “consisting of aiding, abetting, counselling or
procuring the suicide of another” substitute “(encouraging or
assisting suicide) in connection with a death”.
12    (1)
In this paragraph—

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 2 — Criminal offences
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“old offence” means an offence under section 2(1) of the Suicide Act
1961 as that section had effect before the section 46 commencement
date, or an attempt to commit such an offence;
“new offence” means an offence under section 2(1) of that Act as that
Act is amended by section 46 of this Act.
5
      (2)
Sub-paragraph (3) applies where—
(a)
a person (“the defendant”) is charged in respect of the same conduct
with both an old offence and a new offence,
(b)
the only thing preventing the defendant from being found guilty of
the new offence is the fact that it has not been proved beyond
10
reasonable doubt that the offence was committed wholly after the
section 46 commencement date, and
(c)
the only thing preventing the defendant from being found guilty of
the old offence is the fact that it has not been proved beyond
reasonable doubt that the offence was committed wholly or partly
15
before the section 46 commencement date.
      (3)
For the purpose of determining the guilt of the defendant it is to be
conclusively presumed that the offence was committed wholly or partly
before the section 46 commencement date.
      (4)
For this purpose “the section 46 commencement date” means the day
20
appointed under section 163 for the coming into force of section 46.
13    (1)
In this paragraph—
“old offence” means an offence under section 13(1) of the Criminal
Justice Act (Northern Ireland) 1966 (c. 20) as that section had effect
before the section 47 commencement date, or an attempt to commit
25
such an offence;
“new offence” means an offence under section 13(1) of that Act as that
Act is amended by section 47 of this Act.
      (2)
Sub-paragraph (3) applies where—
(a)
a person (“the defendant”) is charged in respect of the same conduct
30
with both an old offence and a new offence,
(b)
the only thing preventing the defendant from being found guilty of
the new offence is the fact that it has not been proved beyond
reasonable doubt that the offence was committed wholly after the
section 47 commencement date, and
35
(c)
the only thing preventing the defendant from being found guilty of
the old offence is the fact that it has not been proved beyond
reasonable doubt that the offence was committed wholly or partly
before the section 47 commencement date.
      (3)
For the purpose of determining the guilt of the defendant it is to be
40
conclusively presumed that the offence was committed wholly or partly
before the section 47 commencement date.
      (4)
For this purpose “the section 47 commencement date” means the day
appointed under section 163 for the coming into force of section 47.
Prohibited images of children
45
14    (1)
In section 53(3)(a) in its application in relation to England and Wales the
reference to 12 months is to be read as a reference to 6 months in relation to

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 3 — Criminal evidence, investigations and procedure
218

an offence committed before the commencement of section 154(1) of the
Criminal Justice Act 2003 (c. 44).
      (2)
The Schedules mentioned in subsections (1)(b) and (2)(b) of section 54, as
applied by virtue of that section, have effect in relation to property
regardless of when it was lawfully seized.
5
Part 3
Criminal evidence, investigations and procedure
Anonymity in investigations
15
In section 61(11)(a) the reference to 12 months is to be read as a reference to
6 months in relation to an offence committed before the commencement of
10
section 154(1) of the Criminal Justice Act 2003 (c. 44).
16
Notwithstanding subsection (4)(a) of section 68, references in that section to
a service offence are to be treated as including a reference to any offence
against any provision of—
(a)
Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
15
(b)
Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or
(c)
Part 1 of the Naval Discipline Act 1957 (c. 53).
Anonymity of witnesses
17    (1)
The repeal of sections 1 to 9 of the Criminal Evidence (Witness Anonymity)
Act 2008 (c. 15) (“the 2008 Act”) by section 80 does not affect the continuation
20
in effect of a witness anonymity order made under the 2008 Act before 1
January 2010.
      (2)
An application under section 3 of the 2008 Act that falls to be heard on or
after 1 January 2010 is to be treated as an application under section 71 of this
Act and the conditions in section 72 must be satisfied in relation to it.
25
      (3)
The following provisions of this paragraph apply in relation to witness
anonymity orders made under the 2008 Act before 1 January 2010.
      (4)
Sections 75 to 77 of this Act have effect on or after 1 January 2010 for the
purpose of discharging or varying a witness anonymity order made under
the 2008 Act.
30
      (5)
Accordingly, an application under section 6 of the 2008 Act that falls to be
heard on or after 1 January 2010 is to be treated as an application under
section 75 of this Act or (as the case may be) section 76.
      (6)
Where section 75 or 76 of this Act has effect for the purposes of discharging
or varying a witness anonymity order made under the 2008 Act, the
35
definition in that section of “the relevant time” is to be treated as including,
in a case where a previous application has been made under section 6 of the
2008 Act, the time when the application under section 6 (or the last
application under section 6) was made.
      (7)
Where section 75, 76 or 77 of this Act has effect in relation to a witness
40
anonymity order made under the 2008 Act, the reference in that section to
sections 72 and 73 of this Act has effect as a reference to sections 4 and 5 of
the 2008 Act.

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 3 — Criminal evidence, investigations and procedure
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      (8)
Sections 74 and 78(3) of this Act have effect on or after 1 January 2010 in
relation to a witness to whom a witness anonymity order under the 2008 Act
applies as they have effect in relation to a witness to whom a witness
anonymity order under Chapter 2 of Part 3 of this Act applies.
18    (1)
Where an appeal court’s consideration of a relevant appeal commences
5
before 1 January 2010, the repeal by section 80 of this Act of sections 1 to 9 of
the 2008 Act is to be disregarded.
      (2)
Where an appeal court’s consideration of a relevant appeal commences on
or after 1 January 2010, the reference in section 11(2)(b)(i) to the 2008 Act is
to be treated as a reference to Chapter 2 of Part 3 of this Act.
10
      (3)
In this paragraph—
“appeal court” has the meaning given by section 11 of the 2008 Act;
“relevant appeal” means an appeal against conviction in relation to
which that section applies.
19    (1)
Section 76 of this Act has effect with the modifications made by this
15
paragraph for the purposes of discharging or varying—
(a)
a witness anonymity order made under the Criminal Evidence
(Witness Anonymity) Act 2008 (c. 15) by a court-martial constituted
under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955
(3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53), or
20
(b)
a witness anonymity order made under Chapter 2 of Part 3 of this Act
by a court-martial constituted under any of those Acts.
      (2)
The references in section 76(2) to (5) to the court that made the order are to
be treated—
(a)
until the coming into force of the Armed Forces Act 2006 (c. 52), as
25
references to a court-martial constituted under the Army Act 1955,
the Air Force Act 1955 or, as the case may be, the Naval Discipline
Act 1957, and
(b)
after the coming into force of the Armed Forces Act 2006, as
references to the Court Martial established under that Act.
30
20    (1)
Notwithstanding section 81, references in Chapter 2 of Part 3 of this Act to a
service court are to be treated as including a reference to—
(a)
a court-martial constituted under the Army Act 1955, the Air Force
Act 1955 or the Naval Discipline Act 1957;
(b)
the Summary Appeal Court established by any of those Acts;
35
(c)
a Standing Civilian Court established under the Armed Forces Act
1976 (c. 52);
(d)
the Courts-Martial Appeal Court.
      (2)
Notwithstanding subsection (6) of section 77 of this Act, the references in
section 77 to an appeal court are to be treated as including a reference to the
40
Courts-Martial Appeal Court.
      (3)
Each of the provisions mentioned in sub-paragraph (4) has effect with the
modification set out in that sub-paragraph in a case where—
(a)
a witness anonymity order is made under Chapter 2 of Part 3 of this
Act by a relevant service court to which that provision applies, and
45
(b)
a person does anything in relation to the order which would, if the
court had been a court of law having power to commit for contempt,
have been contempt of that court.

Coroners and Justice Bill
Schedule 20 — Transitional, transitory and saving provisions
Part 3 — Criminal evidence, investigations and procedure
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      (4)
In such a case—
(a)
section 101(1) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) has effect with
the omission of the words “not subject to military law”;
(b)
section 101(1) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) has effect
with the omission of the words “not subject to air-force law”; and
5
(c)
section 65(1) of the Naval Discipline Act 1957 (c. 53) has effect with
the omission of the words “not subject to this Act”.
      (5)
In sub-paragraph (3) “relevant service court” means—
(a)
a court-martial constituted under the Army Act 1955, the Air Force
Act 1955 or the Naval Discipline Act 1957;
10
(b)
the Summary Appeal Court established by any of those Acts.
21
Notwithstanding section 81, references in Chapter 2 of Part 3 of this Act to a
service offence are to be treated as including a reference to any offence
against any provision of—
(a)
Part 2 of the Army Act 1955,
15
(b)
Part 2 of the Air Force Act 1955, or
(c)
Part 1 of the Naval Discipline Act 1957.
22    (1)
If paragraph 61 of Schedule 19 to this Act comes into force before the
commencement of the Armed Forces Act 2006 (c. 52), the reference in
paragraph 61 to the Court Martial Appeals Act 1968 (c. 20) is to be read as a
20
reference to the Courts-Martial (Appeals) Act 1968 (c. 20).
      (2)
Until the coming into force of the Armed Forces Act 2006, section 36(1) of the
Courts-Martial (Appeals) Act 1968 has effect as if for the words “under this
Part of this Act” there were substituted “under this Part of this Act or under
Chapter 2 of Part 3 of the Coroners and Justice Act 2009”.
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Vulnerable and intimidated witnesses
23    (1)
The amendments made by sections 82 to 87 apply to proceedings instituted
before the commencement of the amendment in question.
      (2)
But the amendments made by sections 82 to 87 do not affect the continued
operation of a special measures direction given before the commencement of
30
the amendment in question.
      (3)
Sub-paragraph (2) does not prevent an amendment made by sections 82 to
87 from applying after its commencement to—
(a)
the variation under section 20 of the Youth Justice and Criminal
Evidence Act 1999 (c. 23) of a special measures direction that was
35
given in relation to a witness before the commencement of the
amendment, and
(b)
the giving of a new special measures direction in relation to a witness
(including the giving of a new direction in a case where a special
measures direction given in relation to the witness in question has
40
been discharged under section 20 of the Youth Justice and Criminal
Evidence Act 1999 after the commencement of the amendment).
      (4)
In this paragraph, “special measures direction” means a direction under
section 19 of the Youth Justice and Criminal Evidence Act 1999.
24
The references in paragraphs 30 and 31 of Schedule 1A to the Youth Justice
45
and Criminal Evidence Act 1999 (inserted by Schedule 12 to this Act) to an