House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 17 March 2009
388

Coroners and Justice Bill, continued

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

Mr Jonathan Djanogly

87

Page  183,  line  5  [Schedule  18],  after ‘(1)’, insert ‘“data processor” refers to a third

party handling data on behalf of—

(a)
a government department, or

(b)
a public authority designated for the purpose of this section by an order

made by the Secretary of State, other than an excluded body, as set out in

section 41A(12);’.

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

Mr Jonathan Djanogly

88

Page  185  [Schedule  18],  leave out line 21.

Removing immunity of government departments from prosecution

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

Mr Jonathan Djanogly

NC19

To move the following Clause:—

‘(1)
Section 63 of the Data Protection Act 1998 (application to Crown) is amended as

follows.

(2)
In subsection (5) for “a government department” substitute “the Crown Estate

Commissioners”.’.

Notices of Amendments: 17 March 2009
389

Coroners and Justice Bill, continued

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

Mr Jonathan Djanogly

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

Mr Jonathan Djanogly

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).

(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).’.

Notices of Amendments: 17 March 2009
390

Coroners and Justice Bill, continued

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

Mr Jonathan Djanogly

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

Mr Jonathan Djanogly

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.

(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

Notices of Amendments: 17 March 2009
391

Coroners and Justice Bill, continued

Mr Jonathan Djanogly

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.’.

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

Mr Jonathan Djanogly

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.’.

Notices of Amendments: 17 March 2009
392

Coroners and Justice Bill, continued

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

Mr Jonathan Djanogly

NC26

To move the following Clause:—

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

1996 in connection with investigations etc.’.

Amendment of Treasure Act 1996

Mr Dominic Grieve

Mr Henry Bellingham

Mr Edward Garnier

Mr David Burrowes

Mrs Eleanor Laing

Mr Edward Timpson

Total signatories: 7

Mr Jonathan Djanogly

NC27

To move the following Clause:—

‘After section 8 of the Treasure Act 1996 (c. 24), insert—

“8A
Duty to notify coroner of acquisition of certain objects

(1)
A person who—

(a)
acquires property in an object, and

(b)
believes or has reasonable grounds for believing—

(i)
that the object is treasure, and

(ii)
that notification in respect of the object has not been

given under section 8(1) of this subsection,


must notify the Coroner for Treasure before the end of the notice period.

(2)
The notice period is fourteen days beginning with—

(a)
the day after he acquires property in the object; or

(b)
if later, the day on which he first believes or has reason to

believe—

(i)
that the object is treasure; and

(ii)
that notification in respect of the object has not been

given under section 8(1) or subsection (1) of this section.

(3)
Any person who fails to comply with subsection (1) is guilty of an

offence if—

Notices of Amendments: 17 March 2009
393

Coroners and Justice Bill, continued

(a)
notification in respect of the object has not been given under

section 8(1) or subsection (1) of this section; and

(b)
there has been no investigation in relation to the object.

(4)
Any person guilty of an offence under this section is liable on summary

conviction to—

(a)
imprisonment for a term not exceeding the relevant maximum;

(b)
a fine of an amount not exceeding level 5 on the standard scale;

or

(c)
both.

(5)
In proceedings for an offence under this section, it is a defence for the

defendant to show he had, and has continued to have, a reasonable excuse

for failing to notify the Coroner for Treasure.

(6)
If the office of Coroner for Treasure is vacant, notification under

subsection (1) must be given to the Chief Coroner.

(7)
In determining for the purposes of this section whether a person has

acquired property in an object, section 4 is to be disregarded.

(8)
In this section “investigation” means an investigation under section

[Investigations in relation to treasure] of the Coroners and Justice Act

2009.

8B
Duty to deliver object to coroner

(1)
Where the Coroner for Treasure is conducting, or proposes to conduct, an

investigation in relation to an object under section [Investigations in

relation to treasure] of the Coroners and Justice Act 2009, he may direct

a person who has control of the object to deliver the object to a designated

person before the end of the period of fourteen days beginning with the

day after the direction is given to him.

(2)
Any person who fails to comply with a direction under subsection (1) is

guilty of an offence and liable on summary conviction to—

(a)
imprisonment for a term not exceeding the relevant maximum;

(b)
a fine of an amount not exceeding level 5 on the standard scale;

or

(c)
both.

(3)
In proceedings for an offence under this section, it is a defence for the

defendant to show he had, and has continued to have, a reasonable excuse

for failing to comply with the direction.

(4)
For the purposes of this section a person has control of an object if he has

possession, or a right to possession, of it; and in determining for those

purposes whether a person has a right to possession of an object, section

4 is to be disregarded.

(5)
In this section “designated person” means a person designated in a code

of practice under section 11.

8C
Offences: further provision

(1)
Proceedings for an offence under section 8, 8A or 8B may be brought

within the period of six months from the date on which evidence

sufficient in the opinion of the prosecutor to warrant the proceedings

came to his knowledge; but no such proceedings may be brought by

Notices of Amendments: 17 March 2009
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Coroners and Justice Bill, continued

virtue of this subsection more than three years after the commission of

the offence.

(2)
For the purposes of subsection (1)—

(a)
a certificate signed by or on behalf of the prosecutor and stating

the date on which evidence sufficient in his opinion to warrant

the proceedings came to his knowledge shall be conclusive

evidence of that fact; and

(b)
a certificate stating that matter and purporting to be so signed

shall be deemed to be so signed unless the contrary is proved.

(3)
For the purposes of sections 8A and 8B “the relevant maximum” is—

(a)
in England and Wales, 51 weeks;

(b)
in Northern Ireland, three months.

(4)
In relation to an offence committed before the commencement of

paragraph 48 of Schedule 26 to the Criminal Justice Act 2003 (c. 44), the

reference in subsection (3)(a) to 51 weeks is to be read as a reference to

three months.”’.

Jenny Willott

David Howarth

89

Page  4,  line  29  [Clause  7],  at end insert ‘or

(iii)
a member of the security services,’.

Jenny Willott

David Howarth

90

Page  134,  line  4  [Schedule  6],  at end insert—

‘(A1)
In this Schedule, “paid by (or on behalf of) the senior coroner” means paid by the

relevant local authority at the request of the senior coroner.’.

Oversight by the chief coroner

Jenny Willott

David Howarth

NC28

To move the following Clause:—

‘(1)
The Chief Coroner may require senior coroners and medical examiners to

routinely provide him with information he deems necessary in order for him to

identify—

(a)
trends in deaths reported to coroners and deaths not reported to coroners,

and

(b)
problems in the functioning, capacity or funding or the coronial system.

(2)
A copy of reports submitted by senior coroners under paragraph 6(1) of Schedule

4 and a copy of responses to those reports must also be submitted to the Chief

Coroner.

(3)
The Chief Coroner may keep central records of all information provided to him

under subsection (1) and reports under subsection (2).

(4)
Where trends in deaths are identified under subsection (1), the Chief Coroner may

order an investigation to ascertain the causes of deaths to be carried out by—