Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Part 2 — Criminal offences
Chapter 2 — Images of children
32

(b)
the predominant impression conveyed is that the person shown is a
child despite the fact that some of the physical characteristics shown are
not those of a child.
(7)
References to an image of a person include references to an image of an
imaginary person.
5
(8)
References to an image of a child include references to an image of an
imaginary child.
53
Penalties
(1)
This section has effect where a person is guilty of an offence under section
49(1).
10
(2)
The offender is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding the
relevant period or a fine not exceeding the statutory maximum, or both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding
3 years or a fine, or both.
15
(3)
“The relevant period” means—
(a)
in relation to England and Wales, 12 months;
(b)
in relation to Northern Ireland, 6 months.
54
Entry, search, seizure and forfeiture
(1)
The following provisions of the Protection of Children Act 1978 (c. 37) apply in
20
relation to prohibited images of children as they apply in relation to indecent
photographs of children (within the meaning of that Act)—
(a)
section 4 (entry, search and seizure);
(b)
the Schedule (forfeiture of photographs).
(2)
The following provisions of the Protection of Children (Northern Ireland)
25
Order 1978 (S.I. 1978/1047 (N.I. 17)) apply in relation to prohibited images of
children as they apply in relation to indecent photographs of children (within
the meaning of that Order)—
(a)
Article 4 (entry, search and seizure);
(b)
the Schedule (forfeiture of photographs).
30
(3)
In this section “prohibited image of a child” means a prohibited image of a
child to which section 49(1) applies.
55
Special rules relating to providers of information society services
Schedule 11 makes special provision in connection with the operation of
section 49(1) in relation to persons providing information society services
35
within the meaning of that Schedule.

Coroners and Justice Bill
Part 2 — Criminal offences
Chapter 3 — Other offences
33

Indecent pseudo-photographs of children
56
Indecent pseudo-photographs of children: marriage etc
(1)
In section 1A of the Protection of Children Act 1978 (c. 37) (making of indecent
photograph of child etc: marriage and other relationships), after “photograph”,
in each place it occurs, insert “or pseudo-photograph”.
5
(2)
In section 160A of the Criminal Justice Act 1988 (c. 33) (possession of indecent
photograph of child etc: marriage and other relationships), after “photograph”,
in each place it occurs, insert “or pseudo-photograph”.
(3)
In Article 15A of the Criminal Justice (Evidence, etc) (Northern Ireland) Order
1988 (S.I. 1988/1847 (N.I. 17)) (marriage and other relationships), after
10
“photograph”, in each place it occurs, insert “or pseudo-photograph”.
(4)
In Article 3B of the Protection of Children (Northern Ireland) Order 1978 (S.I.
1978/1047 (N.I. 17)) (marriage and other relationships), after “photograph”, in
each place it occurs, insert “or pseudo-photograph”.
Chapter 3
15
Other offences
57
Conspiracy
(1)
In section 1A of the Criminal Law Act 1977 (c. 45) (conspiracy to commit
offences outside the United Kingdom)—
(a)
in the title and in subsection (2), for “the United Kingdom” substitute
20
“England and Wales”, and
(b)
for subsection (14) substitute—
“(14)
Nothing in this section applies to an agreement entered into
before 4 September 1998.
(15)
In relation to an agreement entered into during the period
25
beginning with that date and ending with the commencement
of section 57(1) of the Coroners and Justice Act 2009, this section
applies as if in subsection (2) for “England and Wales” there
were substituted “the United Kingdom”.
(16)
Nothing in this section imposes criminal liability on any person
30
acting on behalf of, or holding office under, the Crown.”
(2)
In Article 9A of the Criminal Attempts and Conspiracy (Northern Ireland)
Order 1983 (S.I. 1983/1120 (N.I. 13)) (conspiracy to commit offences outside the
United Kingdom)—
(a)
in the title and in paragraph (2), for “the United Kingdom” substitute
35
“Northern Ireland”, and
(b)
for paragraph (14) substitute—
“(14)
Nothing in this Article applies to an agreement entered into
before 4 September 1998.
(15)
In relation to an agreement entered into during the period
40
beginning with that date and ending with the commencement
of section 57(2) of the Coroners and Justice Act 2009, this Article

Coroners and Justice Bill
Part 3 — Criminal evidence, investigations and procedure
Chapter 1 — Anonymity in investigations
34

applies as if in paragraph (2) for “Northern Ireland” there were
substituted “the United Kingdom”.
(16)
Nothing in this Article imposes criminal liability on any person
acting on behalf of, or holding office under, the Crown.”
58
Hatred against persons on grounds of sexual orientation
5
In Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on
grounds of sexual orientation etc), omit section 29JA (protection for discussion
or criticism of sexual conduct etc).
Part 3
Criminal evidence, investigations and procedure
10
Chapter 1
Anonymity in investigations
59
Qualifying offences
(1)
An offence is a qualifying offence for the purposes of this Chapter if—
(a)
it is listed in subsection (2), and
15
(b)
the condition in subsection (3) is satisfied in relation to it.
(2)
The offences are—
(a)
murder;
(b)
manslaughter.
(3)
The condition in this subsection is that the death was caused by one or both of
20
the following—
(a)
being shot with a firearm;
(b)
being injured with a knife.
(4)
The Secretary of State may by order amend this section—
(a)
so as to add an offence to or omit an offence from the list in subsection
25
(2), or
(b)
so as to add, omit or modify a condition to be satisfied in relation to an
offence.
(5)
In this section—
“firearm”, in relation to England and Wales, has the meaning given by
30
section 57 of the Firearms Act 1968 (c. 27) and, in relation to Northern
Ireland, has the meaning given by Article 2 of the Firearms (Northern
Ireland) Order 2004 (S.I. 2004/702 (N.I. 3));
“knife” has the meaning given by section 10 of the Knives Act 1997 (c. 21).
60
Qualifying criminal investigations
35
(1)
For the purposes of this Chapter a criminal investigation is a qualifying
criminal investigation if it is conducted by an investigating authority wholly or
in part with a view to ascertaining—
(a)
whether a person should be charged with a qualifying offence, or

Coroners and Justice Bill
Part 3 — Criminal evidence, investigations and procedure
Chapter 1 — Anonymity in investigations
35

(b)
whether a person charged with a qualifying offence is guilty of it.
(2)
The following are investigating authorities—
(a)
a police force in England and Wales;
(b)
the British Transport Police Force;
(c)
the Serious Organised Crime Agency;
5
(d)
the Police Service of Northern Ireland.
(3)
The Secretary of State may by order amend subsection (2) so as to add or omit
a body or other person.
(4)
The provision which may be included in an order under subsection (3) by
virtue of section 157 (power to make consequential provision etc) includes
10
provision modifying any provision of this Chapter.
61
Investigation anonymity orders
(1)
In this Chapter an “investigation anonymity order” is an order made by a
justice of the peace in relation to a specified person prohibiting the disclosure
of information—
15
(a)
that identifies the specified person as a person who is or was able or
willing to assist a specified qualifying criminal investigation, or
(b)
that might enable the specified person to be identified as such a person.
(2)
The prohibition in an investigation anonymity order is subject to subsections
(3) to (8).
20
(3)
An investigation anonymity order is not contravened by disclosure of such
information as regards the specified person as is described in subsection (1), if
the person disclosing the information does not know and has no reason to
suspect that such an order has been made in relation to the specified person in
connection with the specified qualifying criminal investigation.
25
(4)
An investigation anonymity order is not contravened by disclosure of such
information as regards the specified person as is described in subsection (1)(b),
if the person disclosing the information does not know and has no reason to
suspect that the information disclosed is information that might enable the
specified person to be identified as a person of the sort described in subsection
30
(1)(a) in relation to the specified qualifying criminal investigation.
(5)
A person (“A”) who discloses to another person (“B”) that an investigation
anonymity order has been made in relation to a person in connection with the
criminal investigation of a qualifying offence does not contravene the order if
the condition in subsection (6) is satisfied.
35
(6)
The condition is that A knows that B is aware that the person specified in the
order is a person who is or was able or willing to assist a criminal investigation
relating to the qualifying offence.
(7)
A person who discloses information to which an investigation anonymity
order relates does not contravene the order if—
40
(a)
the disclosure is made to a person who is involved in the specified
qualifying criminal investigation or in the prosecution of an offence to
which the investigation relates, and
(b)
the disclosure is made for the purposes of the investigation or the
prosecution of an offence to which the investigation relates.
45

Coroners and Justice Bill
Part 3 — Criminal evidence, investigations and procedure
Chapter 1 — Anonymity in investigations
36

(8)
An investigation anonymity order is not contravened by—
(a)
disclosure in pursuance of a requirement imposed by any enactment or
rule of law, or
(b)
disclosure made in pursuance of an order of a court.
(9)
It is an offence for a person to disclose information in contravention of an
5
investigation anonymity order.
(10)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding the
relevant period or a fine not exceeding the statutory maximum, or both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding
10
5 years or a fine, or both.
(11)
“The relevant period” means—
(a)
in relation to England and Wales, 12 months;
(b)
in relation to Northern Ireland, 6 months.
(12)
In this section “specified” means specified in the investigation anonymity
15
order concerned.
62
Applications
(1)
An application for an investigation anonymity order may be made to a justice
of the peace by—
(a)
in a case where a police force in England and Wales is conducting the
20
qualifying criminal investigation, the chief officer of police of the police
force;
(b)
in a case where the British Transport Police Force is conducting the
qualifying criminal investigation, the Chief Constable of the British
Transport Police Force;
25
(c)
in a case where the Serious Organised Crime Agency is conducting the
qualifying criminal investigation, the Director General of the Serious
Organised Crime Agency;
(d)
in a case where the Police Service of Northern Ireland is conducting the
qualifying criminal investigation, the Chief Constable of the Police
30
Service of Northern Ireland;
(e)
the Director of Public Prosecutions;
(f)
the Director of Revenue and Customs Prosecutions;
(g)
the Director of Public Prosecutions for Northern Ireland.
(2)
An applicant for an investigation anonymity order is not required to give
35
notice of the application to—
(a)
a person who is suspected of having committed or who has been
charged with an offence to which the qualifying criminal investigation
relates, or
(b)
such a person’s legal representatives.
40
(3)
An applicant for an investigation anonymity order must (unless the justice of
the peace directs otherwise) inform the justice of the identity of the person who
would be specified in the order.
(4)
A justice of the peace may determine the application without a hearing.

Coroners and Justice Bill
Part 3 — Criminal evidence, investigations and procedure
Chapter 1 — Anonymity in investigations
37

(5)
If a justice of the peace determines an application for an investigation
anonymity order without a hearing, the designated officer in relation to that
justice must notify the applicant of the determination.
(6)
In the application of this section to Northern Ireland, the reference to the
designated officer in relation to a justice of the peace is to be read as a reference
5
to the clerk of petty sessions for the petty sessions district in which the
application for an investigation anonymity order is made.
(7)
The Secretary of State may by order amend subsection (1).
(8)
The provision which may be included in an order under subsection (7) by
virtue of section 157 (power to make consequential provision etc) includes
10
provision modifying any provision of this Chapter.
63
Conditions for making order
(1)
This section applies where an application is made for an investigation
anonymity order to be made in relation to a person.
(2)
The justice of the peace may make such an order if satisfied that there are
15
reasonable grounds for believing that the conditions in subsections (3) to (8) are
satisfied.
(3)
The condition in this subsection is that a qualifying offence has been
committed.
(4)
The condition in this subsection is that the person likely to have committed the
20
qualifying offence (“the relevant person”) is a person who was aged at least 11
but under 30 at the time the offence was committed.
(5)
The condition in this subsection is that the relevant person is likely to have
been a member of a group falling within subsection (6) at the time the offence
was committed.
25
(6)
A group falls within this subsection if—
(a)
it is possible to identify the group from the criminal activities that its
members appear to engage in, and
(b)
it appears that the majority of the persons in the group are aged at least
11 but under 30.
30
(7)
The condition in this subsection is that the person who would be specified in
the order has reasonable grounds for fearing intimidation or harm if identified
as a person who is or was able or willing to assist the criminal investigation as
it relates to the qualifying offence.
(8)
The condition in this subsection is that the person who would be specified in
35
the order—
(a)
is able to provide information that would assist the criminal
investigation as it relates to the qualifying offence, and
(b)
is more likely than not, as a consequence of the making of the order, to
provide such information.
40
(9)
If it is suspected that the qualifying offence was committed by 2 or more
persons, it is sufficient for the purposes of subsection (2) that the justice is
satisfied that there are reasonable grounds for believing that the conditions in
subsections (3) to (8) are satisfied in relation to one person.

Coroners and Justice Bill
Part 3 — Criminal evidence, investigations and procedure
Chapter 1 — Anonymity in investigations
38

(10)
The Secretary of State may by order modify or repeal any of subsections (4) to
(6) and (9).
(11)
The provision which may be included in an order under subsection (10) by
virtue of section 157 (power to make consequential provision etc) includes
provision modifying any provision of this Chapter.
5
64
Appeal against refusal of order
(1)
Where a justice of the peace refuses an application for an investigation
anonymity order, the applicant may appeal to a judge of the Crown Court
against that refusal.
(2)
An applicant may not appeal under subsection (1) unless the applicant
10
indicates—
(a)
in the application for the order, or
(b)
if there is a hearing of the application before the justice, at the hearing,

that the applicant intends to appeal a refusal.
(3)
If an applicant has indicated an intention to appeal a refusal, a justice of the
15
peace who refuses an application for an investigation anonymity order must
make the order as requested by the applicant.
(4)
An order made under subsection (3) has effect until the appeal is determined
or otherwise disposed of.
(5)
The judge to whom an appeal is made must consider afresh the application for
20
an investigation anonymity order and section 62(3) to (5) applies accordingly
to the determination of the application by the judge.
(6)
In the application of section 62(5) by virtue of subsection (5), the reference in
section 62(5) to the designated officer in relation to a justice of the peace is to be
read—
25
(a)
in the case of an appeal made in England and Wales, as a reference to
the appropriate officer of the Crown Court;
(b)
in the case of an appeal made in Northern Ireland, as a reference to the
chief clerk of the county court division in which the appeal is made.
65
Discharge of order
30
(1)
A justice of the peace may discharge an investigation anonymity order if it
appears to the justice to be appropriate to do so.
(2)
The justice may so discharge an investigation anonymity order on an
application by—
(a)
the person on whose application the order was made;
35
(b)
the Director of Public Prosecutions;
(c)
the Director of Revenue and Customs Prosecutions;
(d)
the Director of Public Prosecutions for Northern Ireland;
(e)
the person specified in the order.
(3)
An application may not be made under subsection (2) unless there has been a
40
material change of circumstances since the relevant time.
(4)
Any person eligible to apply for the discharge of the order is entitled to be
party to the proceedings on the application in addition to the applicant.