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| | (a) | the Lord Advocate is notified under section [Death of service |
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| | personnel abroad: investigation in Scotland](4) or (5) of the |
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| | Coroners and Justice Act 2009 in relation to a death, |
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| | (b) | the death is within subsection (2) or (3), and |
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| | (i) | decides that it would be appropriate in the public interest |
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| | for an inquiry under this Act to be held into the |
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| | circumstances of the death, and |
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| | (ii) | does not reverse that decision. |
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| | (2) | A death is within this subsection if the person who has died was, at the |
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| | time of the death, in legal custody (as construed by reference to section |
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| | (3) | A death is within this subsection if it appears to the Lord Advocate that |
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| | (a) | was sudden, suspicious or unexplained, or |
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| | (b) | occurred in circumstances such as to give rise to serious public |
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| | (4) | The procurator fiscal for the appropriate district must— |
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| | (a) | investigate the circumstances of the death, and |
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| | (b) | apply to the sheriff for the holding of an inquiry under this Act |
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| | into those circumstances. |
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| | (5) | But subsection (4) does not extend to a death within subsection (2) if the |
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| | Lord Advocate is satisfied that the circumstances of the death have been |
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| | sufficiently established in the course of any criminal proceedings against |
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| | any person in respect of the death. |
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| | (6) | An application under subsection (4)(b)— |
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| | (a) | is to be made to the sheriff of the appropriate sheriffdom, |
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| | (b) | must narrate briefly the circumstances of the death so far as |
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| | known to the procurator fiscal, |
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| | (c) | may relate to more than one death if the deaths occurred in the |
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| | same or similar circumstances. |
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| | (7) | It is for the Lord Advocate to determine the appropriate district and |
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| | appropriate sheriffdom for the purposes of subsections (4) and (6)(a).” |
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| | (3) | In section 2 (citation of witnesses for precognition), in subsection (1), after |
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| | “section 1(1)” insert “or 1A(4)”. |
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| | (4) | In section 3 (holding of public inquiry), in subsections (1) and (3), after “section |
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| | (5) | In section 6 (sheriff’s determination etc), in subsection (4)(a)(i), after “section 1” |
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| | Reports and advice to the Lord Chancellor from the Chief Coroner |
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| To move the following Clause:— |
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| | ‘(1) | The Chief Coroner must give the Lord Chancellor a report for each calendar year. |
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| | (2) | The report must cover— |
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| | (a) | matters that the Chief Coroner wishes to bring to the attention of the Lord |
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| | (b) | matters that the Lord Chancellor has asked the Chief Coroner to cover in |
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| | (3) | The report must contain an assessment for the year of the consistency of standards |
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| | (4) | The report must also contain a summary for the year of— |
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| | (a) | the number, nature and outcome of appeals under section 30(1), (3), (4) |
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| | (b) | the matters reported under paragraph 6 of Schedule 4 and the responses |
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| | given under sub-paragraph (2) of that paragraph. |
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| | (5) | A report for a year under this section must be given to the Lord Chancellor by 1 |
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| | July in the following year. |
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| | (6) | The Lord Chancellor must publish each report given under this section and must |
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| | lay a copy of it before each House of Parliament. |
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| | (7) | If requested to do so by the Lord Chancellor, the Chief Coroner must give advice |
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| | to the Lord Chancellor about particular matters relating to the operation of the |
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| | Inquests into the death of a child (restrictions on publication in newspapers) |
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| To move the following Clause:— |
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| | ‘(1) | Section 39 of the Children and Young Persons Act 1933 (power to prohibit |
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| | publication of certain matters in newspapers) is amended as follows. |
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| | (2) | After subsection (1) insert— |
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| | “(1A) | If the proceedings are an inquest and relate to the death of a child, the |
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| | court must direct that no newspaper report of the proceedings shall reveal |
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| | the identity of the deceased child except in so far (if at all) as may be |
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| | permitted by the direction of the court, unless the court considers that it |
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| | would be contrary to the interests of justice to make such a direction.”. |
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| | (3) | In subsection (3) at end add “and includes proceedings in a coroner’s court”.’. |
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| To move the following Clause:— |
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| | ‘It shall be the duty of a coroner to co-operate, so far as is reasonably practicable, |
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| | with bona fide academic research into the operation of the coronial system and |
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| | ICD classification of cause of death |
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| To move the following Clause:— |
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| | ‘Each verdict recorded by a coroner must include a classification of the cause of |
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| | death according to one of the categories in the most recent version of the |
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| | International Classification of Deaths published by the World Health |
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| To move the following Clause:— |
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| | ‘(1) | The Chief Coroner must have regard to any evidence placed before him which |
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| | indicates clusters of deaths in a given geographic area, location, or profession, |
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| | and must ensure that an investigation is carried out in relation to the causes of the |
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| | cluster of deaths by appropriate and suitably qualified researchers. |
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| | (2) | The results of the investigation must be reported to the appropriate authority, |
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| | which must publish details of the action which needs to be taken to prevent |
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| | Presumption of death investigation and certification |
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| To move the following Clause:— |
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| | ‘(1) | The Chief Coroner must conduct an investigation into a person’s disappearance |
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| | when it appears to him that there is prima facie evidence that— |
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| | (a) | the person is thought to have died, or |
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| | (b) | the person has not been known to be alive for a period of at least 7 years. |
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| | (2) | If after an investigation under subsection (1) the Chief Coroner declares that the |
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| | person has died, he shall then issue a certificate of presumed death, which shall |
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| | be valid for all purposes as if it were a certificate of death.’. |
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| | Coroner for treasure and assistant coroners for treasure |
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| To move the following Clause:— |
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| | ‘(1) | The Lord Chancellor may appoint a coroner, to be known as the Coroner for |
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| | (2) | The Chief Coroner may designate one or more assistant coroners to act as |
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| | Assistant Coroners for Treasure. |
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| | (3) | The Lord Chancellor may by regulations make provision in relation to the |
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| | Coroner for Treasure and Assistant Coroners for Treasure.’. |
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| | Investigations in relation to treasure |
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| To move the following Clause:— |
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| | ‘(1) | The Coroner for Treasure must conduct an investigation in relation to an object |
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| | in respect of which notification is given under section 8(1) or 8A(1) of the |
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| | Treasure Act 1996 (c. 24) (but this is subject to section [Exception to duty to |
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| | |
| | (2) | The Coroner for Treasure may conduct an investigation in relation to an object |
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| | which he has reason to suspect is treasure and in respect of which notification has |
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| | not been given under section 8(1) or 8A(1) of that Act (but this is subject to |
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| | (3) | The purpose of an investigation in relation to an object under this section is to |
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| | (a) | whether the object is treasure, and |
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| | (b) | if it is treasure, who found it, where it was found and when it was found. |
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| | (4) | Senior coroners, area coroners and assistant coroners are to have no functions in |
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| | relation to objects which are or may be treasure (but this is subject to any |
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| | provision which may be made by regulations under section [Coroner for treasure |
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| | and assistant coroners for treasure] which enables an assistant coroner acting as |
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| | an Assistant Coroner for Treasure to perform functions of the Coroner for |
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| | Inquests in relation to treasure |
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| To move the following Clause:— |
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| | ‘(1) | The Coroner for Treasure may, as part of an investigation in relation to an object |
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| | under section [Investigations in relation to treasure], hold an inquest in relation |
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| | (2) | Such an inquest must be held without a jury.’. |
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| | Outcome of investigations in relation to treasure |
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| To move the following Clause:— |
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| | ‘(1) | After considering the evidence in the case of an investigation in relation to an |
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| | object under section [Investigations in relation to treasure] which is conducted |
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| | without an inquest, the Coroner for Treasure must make a determination as to the |
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| | matters mentioned in subsection (3)(a) and (where applicable) (3)(b) of that |
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| | (2) | After hearing the evidence in the case of an investigation in relation to an object |
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| | under section [Investigations in relation to treasure] which is conducted with an |
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| | inquest, the Coroner for Treasure must make a determination as to the matters |
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| | mentioned in subsection (3)(a) and (where applicable) (3)(b) of that section.’. |
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| | Exception to duty to investigate |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where— |
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| | (a) | the Coroner for Treasure is conducting, or proposes to conduct, an |
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| | investigation in relation to an object under section [Investigations in |
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| | relation to treasure], and |
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| | (b) | if the object were in fact treasure, it would vest in the Crown by virtue of |
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| | section 4(1)(b) of the Treasure Act 1996 (c. 24). |
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| | (2) | The Secretary of State may give notice in writing to the Coroner for Treasure that |
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| | he would not wish the object, if it were in fact treasure, to vest in the Crown. |
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| | (3) | Such a notice may be given only before the making of a determination under |
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| | section [Outcome of investigations in relation to treasure]. |
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| | (4) | Where such a notice is given— |
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| | (a) | it is to be treated as disclaiming any title that the Crown may have to the |
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| | (b) | the object is to be treated as not having vested in the Crown under the |
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| | (c) | the Coroner for Treasure may not conduct an investigation in relation to |
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| | the object under section [Investigations in relation to treasure] or (as the |
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| | case may be) continue with such an investigation, and |
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| | (d) | without prejudice to the interests or rights of others, the object may be |
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| | delivered to any person in accordance with a code of practice published |
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| | under section 11 of the Treasure Act 1996.’. |
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| | Codes of practice under the Treasure Act 1996 |
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| To move the following Clause:— |
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| | ‘(1) | A code of practice under section 11 of the Treasure Act 1996 may make provision |
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| | in relation to objects in respect of which notice is given under section [Exception |
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| | to duty to investigate](2). |
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| | (2) | No civil liability on the part of the Coroner for Treasure arises where he delivers |
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| | any object, or takes any other action, in accordance with a code of practice under |
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| | section 11 of that Act.’. |
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| | Amendments of the Treasure Act 1996 |
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| To move the following Clause:— |
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| | ‘The Lord Chancellor may by regulations make amendments to the Treasure Act |
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| | 1996 in connection with investigations etc.’. |
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