|
| |
|
| |
| |
Transitional, transitory and saving provisions |
| |
| |
| |
| 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 |
| |
| |
(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 |
| |
(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). |
| |
| |
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. |
| |
| |
(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. |
| |
| |
(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, |
| 40 |
|
| |
|
| |
|
| is to be treated as having been appointed under paragraph 2(4) of Schedule |
| |
3 as an assistant coroner for the corresponding coroner area. |
| |
| |
(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 |
| |
| |
(a) | any time before the commencement of the repeal by this Act of the |
| |
| 20 |
(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 |
| |
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 |
| |
| |
(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. |
| |
| 40 |
| |
“the 1988 Act” means the Coroners Act 1988 (c. 13); |
| |
|
| |
|
| |
|
“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 |
| |
| 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). |
| |
| 10 |
| |
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 |
| |
| |
(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. |
| |
| 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— |
| |
|
| |
|
| |
|
“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 |
| |
“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 |
| |
|
| |
|
| |
|
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 |
| |
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). |
| |
| |
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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
“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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
| |
(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”. |
| 25 |
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 |
| |
| |
(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 |
| |
|
| |
|