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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,

40

 
 

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

216

 

“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

217

 

“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

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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

219

 

      (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

220

 

      (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”.

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

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

 
 

 
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