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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

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

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

 

(2)    

After section 2 insert—


 
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