House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 19 March 2009
456

Coroners and Justice Bill, continued


“Deputy Chief Coroner appointed by the Lord Chancellor who is not

also a senior coroner”.’.

Secretary Jack Straw

126

Page  200,  line  42  [Schedule  19],  at end insert—

‘Constitutional Reform Act 2005 (c. 4)


In Schedule 14 to the Constitutional Reform Act 2005 (the Judicial

Appointments Commission: relevant offices and enactments), at the end of

Part 3 insert—

“Deputy Chief
Paragraph 1A(5) of Schedule

Coroner
7 to the Coroners and Justice

Act 2009”.’.

New Clauses, New Schedules and Amendments relating to Part 2 except

those relating to hatred on grounds of sexual orientation

Abolition of offences of sedition and seditious libel

Dr Evan Harris

NC5

To move the following Clause:—

‘(1)
The offences of sedition and seditious libel under the common law of England

and Wales are abolished.

(2)
In the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8) section 1 (orders for

seizure of copies of seditious libel) and section 2 (disposal of seized copies) are

omitted.

(3)
Subsection (2) extends to England and Wales only.’.

Notices of Amendments: 19 March 2009
457

Coroners and Justice Bill, continued

Expiry of provisions relating to partial defence to murder

Dr Evan Harris

NC6

To move the following Clause:—

‘Sections 39 to 43 shall cease to have effect on 1 January 2012.’.

Causing harassment, alarm and distress: restriction of scope

Dr Evan Harris

Mr Andrew Dismore

Mr Virendra Sharma

NC8

To move the following Clause:—

‘(1)
The Public Order Act 1986 (c. 64) is amended as follows.

(2)
In section 5(1)(a) and (b) for “abusive or insulting” substitute “or abusive”.’.

Partial defence to murder: justifiable anger

David Howarth

Jenny Willott

NC9

To move the following Clause:—

‘(1)
Where a person (“D”) kills or is party to the killing of another (“V”), D is not to

be convicted of murder if—

(a)
D’s acts or omissions in doing or being a party to the killing resulted from

D’s loss of control, and

(b)
D’s loss of control resulted from D’s anger at V, and

(c)
a person of D’s age and sex, with a normal degree of tolerance and self-

restraint and in the circumstances of D, might have reacted in the same or

in a similar way to D, and

(d)
D’s anger at V was attributable to a thing done or said (or both) by V

which—

(i)
constituted circumstances of an extremely grave character, and

(ii)
caused D to have an objectively justifiable sense of being

seriously wronged.

(2)
In subsection (1)(c) the reference to “the circumstances of D” is a reference to all

of D’s circumstances other than those whose only relevance to D’s conduct is that

they bear on D’s general capacity for tolerance or self-restraint.

(3)
A sense of being seriously wronged by a thing done or said is not justifiable if D

incited the thing to be done or said for the purpose of providing an excuse to use

violence.

Notices of Amendments: 19 March 2009
458

Coroners and Justice Bill, continued

(4)
Subsection (1) does not apply if, in doing or being a party to the killing, D acted

out of a desire—

(a)
for revenge, or

(b)
to uphold D’s, or D’s family’s, honour, or

(c)
to punish V for V’s sexual infidelity

(5)
On a charge of murder, if sufficient evidence is adduced to raise an issue with

respect to the defence under subsection (1), the jury must assume that the defence

is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(6)
For the purposes of subsection (5), sufficient evidence is adduced to raise an issue

with respect to the defence if evidence is adduced on which, in the opinion of the

trial judge, a jury, properly directed, could reasonably conclude that the defence

might apply.

(7)
A person who, but for this section, would be liable to be convicted of murder is

liable instead to be convicted of manslaughter.

(8)
The fact that one party to a killing is by virtue of this section not liable to be

convicted of murder does not affect the question of whether the killing amounted

to murder in the case of any other party to it.’.

Partial defence to murder: fear of serious violence

David Howarth

Jenny Willott

NC10

To move the following Clause:—

‘(1)
Where a person (“D”) kills or is party to the killing of another (“V”), D is not to

be convicted of murder if—

(a)
D’s acts or omissions in doing or being a party to the killing resulted from

D’s fear of serious violence from V against D or another identified

person, and

(b)
a person of D’s age and sex, with a normal degree of self-restraint and in

the circumstances of D, might have reacted in the same or in a similar

way to D.

(2)
In subsection (1)(b) the reference to “the circumstances of D” is a reference to all

of D’s circumstances other than those whose only relevance to D’s conduct is that

they bear on D’s general capacity for self-restraint,

(3)
D’s fear of serious violence is to be disregarded to the extent that it was caused

by a thing which D incited to be done or said for the purposes of providing an

excuse to use violence.

(4)
On a charge of murder, if sufficient evidence is adduced to raise an issue with

respect to the defence under subsection (1), the jury must assume that the defence

is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(5)
For the purposes of subsection (4), sufficient evidence is adduced to raise an issue

with respect to the defence if evidence is adduced on which, in the opinion of the

trial judge, a jury, properly directed, could reasonably conclude that the defence

might apply.

(6)
Subsections (4) and (5) are not to be taken as supplanting or undermining or

otherwise affecting any defence of self-defence that might fail to be considered

in the case.

Notices of Amendments: 19 March 2009
459

Coroners and Justice Bill, continued

(7)
A person who, but for this section, would be liable to be convicted of murder is

liable instead to be convicted of manslaughter.

(8)
The fact that one party to a killing is by virtue of this section not liable to be

convicted of murder does not affect the question of whether the killing amounted

to murder in the case of any other party to it.’.

Reform of law of murder

David Howarth

Jenny Willott

NC17

To move the following Clause:—

‘(1)
A defendant (“D”) who kills or is party to the killing of another is to be regarded

as not guilty of murder, but liable instead to be convicted of manslaughter, if D

was unaware that his conduct involved a serious risk that another person might

die as a result of that conduct.

(2)
A defendant (“D”) who kills or is party to the killing of another is to be regarded

as guilty of murder where D intended to cause serious injury to another person or

persons and was aware that there was a serious risk that another person might die

as a result of D’s conduct.’.

Partial defence to murder: excessive force in self-defence

David Howarth

Jenny Willott

NC18

To move the following Clause:—

‘(1)
Where a person (“D”) kills or is party to the killing of another (“V”), and a

defence of self-defence, whether at common law or under section 3(1) of the

Criminal Law Act 1967 (c. 58) or section 3(1) of the Criminal Law (Northern

Ireland) Act 1967 (c. 18 (N.I.)), falls to be considered, D is not to be convicted of

murder if the defence of self-defence fails solely because the force D employed

was disproportionate.

(2)
A person who, but for this section, would be liable to be convicted of murder is

liable instead to be convicted of manslaughter.

(3)
The fact that one party to a killing is by virtue of this section not liable to be

convicted of murder does not affect the question of whether the killing amounted

to murder in the case of any other party to it.’.

Notices of Amendments: 19 March 2009
460

Coroners and Justice Bill, continued

Images of children: review of provisions

Jenny Willott

David Howarth

NC29

To move the following Clause:—

‘(1)
The Secretary of State must, within 2 years of the coming into force of sections

49 to 56, undertake a comprehensive policy review of the impact of those

provisions.

(2)
The matters dealt with in the review must include—

(a)
improvements in child protection,

(b)
effect on freedom of speech and freedom of expression,

(c)
whether they are functioning as intended, and

(d)
whether there have been unintended consequences.’.

Abolition of offence of criminal libel

Dr Evan Harris

NC40

To move the following Clause:—

‘(1)
The offence of criminal libel under the common law of England and Wales is

abolished.

(2)
In the Libel Act 1843 (6 & 7 Vict. c. 96) sections 4 (publications of libel known

to be false), 5 (publication of libel) and 6 (plea of truth of matters charged or of

not guilty) are omitted.

(3)
In the Newspaper Libel and Registration Act 1881 (44 & 45 Vict. c. 60) section

4 (inquiry by court of summary jurisdiction as to libel being for public benefit or

being true) is omitted.

(4)
In the Law of Libel Amendment Act 1888 (51 & 52 Vict. c. 64) section 8 (order

of judge required for prosecution of newspaper proprietor, etc) is omitted.’.

Acts not capable of encouraging or assisting suicide (exception for travel abroad)

Ms Patricia Hewitt

Mr Crispin Blunt

Dr Evan Harris

Mr Kevin Barron

Richard Ottaway

Mr James Plaskitt

NC42


To move the following Clause:—

‘(1)
The Suicide Act 1961 (c. 60) is amended as follows.

(2)
After section 2 insert—