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Coroners and Justice Bill, continued

(a)	the Lord Advocate is notified under section [Death of service

personnel abroad: investigation in Scotland](4) or (5) of the       

Coroners and Justice Act 2009 in relation to a death,

(b)	the death is within subsection (2) or (3), and

(c)	the Lord Advocate—

(i)	decides that it would be appropriate in the public interest

for an inquiry under this Act to be held into the

circumstances of the death, and

(ii)	does not reverse that decision.

(2)	A death is within this subsection if the person who has died was, at the

time of the  death, in legal custody (as construed by reference to section

1(4)).

(3)	A death is within this subsection if it appears to the Lord Advocate that

the death—

(a)	was sudden, suspicious or unexplained, or

(b)	occurred in circumstances such as to give rise to serious public

concern.

(4)	The procurator fiscal for the appropriate district must—

(a)	investigate the circumstances of the death, and

(b)	apply to the sheriff for the holding of an inquiry under this Act

into those circumstances.

(5)	But subsection (4) does not extend to a death within subsection (2) if the

Lord       Advocate is satisfied that the circumstances of the death have been

sufficiently established in the course of any criminal proceedings against

any person in respect of the death.

(6)	An application under subsection (4)(b)—

(a)	is to be made to the sheriff of the appropriate sheriffdom,

(b)	must narrate briefly the circumstances of the death so far as

known to the procurator fiscal,

(c)	may relate to more than one death if the deaths occurred in the

same or similar circumstances.

(7)	It is for the Lord Advocate to determine the appropriate district and

appropriate sheriffdom for the purposes of subsections (4) and (6)(a).”

(3)	In section 2 (citation of witnesses for precognition), in subsection (1), after

“section 1(1)” insert “or 1A(4)”.

(4)	In section 3 (holding of public inquiry), in subsections (1) and (3), after “section

1” insert “or 1A”.

(5)	In section 6 (sheriff’s determination etc), in subsection (4)(a)(i), after “section 1”

insert “or 1A”.’.

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Coroners and Justice Bill, continued

Reports and advice to the Lord Chancellor from the Chief Coroner

Secretary Jack Straw

NC36

To move the following Clause:—

‘(1)	The Chief Coroner must give the Lord Chancellor a report for each calendar year.

(2)	The report must cover—

(a)	matters that the Chief Coroner wishes to bring to the attention of the Lord

Chancellor;

(b)	matters that the Lord Chancellor has asked the Chief Coroner to cover in

the report.

(3)	The report must contain an assessment for the year of the consistency of standards

between coroners areas.

(4)	The report must also contain a summary for the year of—

(a)	the number, nature and outcome of appeals under section 30(1), (3), (4)

or (8);

(b)	the matters reported under paragraph 6 of Schedule 4 and the responses

given under sub-paragraph (2) of that paragraph.

(5)	A report for a year under this section must be given to the Lord Chancellor by 1

July in the following year.

(6)	The Lord Chancellor must publish each report given under this section and must

lay a copy of it before each House of Parliament.

(7)	If requested to do so by the Lord Chancellor, the Chief Coroner must give advice

to the Lord Chancellor about particular matters relating to the operation of the

coroner system.’.

Inquests into the death of a child (restrictions on publication in newspapers)

Mrs Madeleine Moon

NC1

To move the following Clause:—

‘(1)	Section 39 of the Children and Young Persons Act 1933 (power to prohibit

publication of certain matters in newspapers) is amended as follows.

(2)	After subsection (1) insert—

“(1A)

If the proceedings are an inquest and relate to the death of a child, the

court must direct that no newspaper report of the proceedings shall reveal

the identity of the deceased child except in so far (if at all) as may be

permitted by the direction of the court, unless the court considers that it

would be contrary to the interests of justice to make such a direction.”.

(3)	In subsection (3) at end add “and includes proceedings in a coroner’s court”.’.

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Coroners and Justice Bill, continued

Academic research

Mrs Madeleine Moon

NC2

To move the following Clause:—

‘It shall be the duty of a coroner to co-operate, so far as is reasonably practicable,

with bona fide academic research into the operation of the coronial system and

related matters.’.

ICD classification of cause of death

Mrs Madeleine Moon

NC3

To move the following Clause:—

‘Each verdict recorded by a coroner must include a classification of the cause of

death according to one of the categories in the most recent version of the

International Classification of Deaths published by the World Health

Organization.’.

Clusters of deaths

Mrs Madeleine Moon

NC4

To move the following Clause:—

‘(1)	The Chief Coroner must have regard to any evidence placed before him which

indicates clusters of deaths in a given geographic area, location, or profession,

and must ensure that an investigation is carried out in relation to the causes of the

cluster of deaths by appropriate and suitably qualified researchers.

(2)	The results of the investigation must be reported to the appropriate authority,

which must publish details of the action which needs to be taken to prevent

subsequent deaths.’.

Presumption of death investigation and certification

Mr Tim Boswell

NC7

To move the following Clause:—

‘(1)	The Chief Coroner must conduct an investigation into a person’s disappearance

when it appears to him that there is prima facie evidence that—

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Coroners and Justice Bill, continued

(a)	the person is thought to have died, or

(b)	the person has not been known to be alive for a period of at least 7 years.

(2)	If after an investigation under subsection (1) the Chief Coroner declares that the

person has died, he shall then issue a certificate of presumed death, which shall

be valid for all purposes as if it were a certificate of death.’.

Coroner for treasure and assistant coroners for treasure

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

NC20

To move the following Clause:—

‘(1)	The Lord Chancellor may appoint a coroner, to be known as the Coroner for

Treasure.

(2)	The Chief Coroner may designate one or more assistant coroners to act as

Assistant Coroners for Treasure.

(3)	The Lord Chancellor may by regulations make provision in relation to the

Coroner for Treasure and Assistant Coroners for Treasure.’.

Investigations in relation to treasure

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

NC21

To move the following Clause:—

‘(1)	The Coroner for Treasure must conduct an investigation in relation to an object

in respect of which notification is given under section 8(1) or 8A(1) of the

Treasure Act 1996 (c. 24) (but this is subject to section [Exception to duty to

investigate]).

(2)	The Coroner for Treasure may conduct an investigation in relation to an object

which he has reason to suspect is treasure and in respect of which notification has

not been given under section 8(1) or 8A(1) of that Act (but this is subject to

section 38).

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Coroners and Justice Bill, continued

(3)	The purpose of an investigation in relation to an object under this section is to

ascertain—

(a)	whether the object is treasure, and

(b)	if it is treasure, who found it, where it was found and when it was found.

(4)	Senior coroners, area coroners and assistant coroners are to have no functions in

relation to objects which are or may be treasure (but this is subject to any

provision which may be made by regulations under section [Coroner for treasure

and assistant coroners for treasure] which enables an assistant coroner acting as

an Assistant Coroner for Treasure to perform functions of the Coroner for

Treasure).’.

Inquests in relation to treasure

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

NC22

To move the following Clause:—

‘(1)	The Coroner for Treasure may, as part of an investigation in relation to an object

under section [Investigations in relation to treasure], hold an inquest in relation

to the object.

(2)	Such an inquest must be held without a jury.’.

Outcome of investigations in relation to treasure

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

NC23

To move the following Clause:—

‘(1)	After considering the evidence in the case of an investigation in relation to an

object under section [Investigations in relation to treasure] which is conducted

without an inquest, the Coroner for Treasure must make a determination as to the

matters mentioned in subsection (3)(a) and (where applicable) (3)(b) of that

section.

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Coroners and Justice Bill, continued

(2)	After hearing the evidence in the case of an investigation in relation to an object

under section [Investigations in relation to treasure] which is conducted with an

inquest, the Coroner for Treasure must make a determination as to the matters

mentioned in subsection (3)(a) and (where applicable) (3)(b) of that section.’.

Exception to duty to investigate

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

NC24

To move the following Clause:—

‘(1)	This section applies where—

(a)	the Coroner for Treasure is conducting, or proposes to conduct, an

investigation in relation to an object under section [Investigations in

relation to treasure], and

(b)	if the object were in fact treasure, it would vest in the Crown by virtue of

section 4(1)(b) of the Treasure Act 1996 (c. 24).

(2)	The Secretary of State may give notice in writing to the Coroner for Treasure that

he would not wish the object, if it were in fact treasure, to vest in the Crown.

(3)	Such a notice may be given only before the making of a determination under

section [Outcome of investigations in relation to treasure].

(4)	Where such a notice is given—

(a)	it is to be treated as disclaiming any title that the Crown may have to the

object,

(b)	the object is to be treated as not having vested in the Crown under the

Treasure Act 1996,

(c)	the Coroner for Treasure may not conduct an investigation in relation to

the object under section [Investigations in relation to treasure] or (as the

case may be) continue with such an investigation, and

(d)	without prejudice to the interests or rights of others, the object may be

delivered to any person in accordance with a code of practice published

under section 11 of the Treasure Act 1996.’.

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Coroners and Justice Bill, continued

Codes of practice under the Treasure Act 1996

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

NC25

To move the following Clause:—

‘(1)	A code of practice under section 11 of the Treasure Act 1996 may make provision

in relation to objects in respect of which notice is given under section [Exception

to duty to investigate](2).

(2)	No civil liability on the part of the Coroner for Treasure arises where he delivers

any object, or takes any other action, in accordance with a code of practice under

section 11 of that Act.’.

Amendments of the Treasure Act 1996

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

NC26

To move the following Clause:—

‘The Lord Chancellor may by regulations make amendments to the Treasure Act

1996 in connection with investigations etc.’.

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Revised 20 March 2009