House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 17 March 2009
395

Coroners and Justice Bill, continued

(a)
a senior coroner, or

(b)
appropriate and suitably qualified researchers.

(5)
The results of an investigation carried out under subsection (4) must be reported

to the Chief Coroner and to the appropriate authority.

(6)
Where an authority receives a report under subsection (5), it must publish details

of the action which needs to be taken to prevent subsequent deaths.

(7)
The Chief Coroner must provide an annual report to the Lord Chancellor which

may contain—

(a)
details of problems identified under subsection (1),

(b)
details of action taken under subsections (4) and (6),

(c)
details of senior coroners’ reports and responses to them under paragraph

6(1) of Schedule 4, and

(d)
matters of outstanding concern to the Chief Coroner in relation to this

section.

(8)
The Lord Chancellor must lay a copy of the Chief Coroner’s annual report before

Parliament within 60 days of receiving the report.’.

Jenny Willott

David Howarth

91

Page  136,  line  19  [Schedule  7],  after second ‘judge’, insert ‘or a senior coroner,’.

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.’.

Mentally disordered persons and persons disqualified from jury service

Mr Dominic Grieve

Mr Edward Garnier

Mr Henry Bellingham

Mrs Eleanor Laing

Mr David Burrowes

Jeremy Wright

Total signatories: 7

Mr Edward Timpson

NC30

To move the following Clause:—

Notices of Amendments: 17 March 2009
396

Coroners and Justice Bill, continued

‘(1)
Schedule 1 of the Juries Act 1974 (mentally disordered persons) is amended as

follows.

(2)
After paragraph 4 insert—

“5
A person within paragraph 1(b) shall not be disqualified for jury

service if at the times specified in the summons to attend for jury

service he is not suffering from the effects of or presenting symptoms

of any mental illness or disorder.”.’.

Publicly funded legal representation

Mr James Gray

Mr Tim Boswell

NC31

To move the following Clause:—

‘(1)
If a coroner has a duty to conduct an investigation into a death under section 1,

anyone under section 36(2)(a) shall be entitled to make an application to the

coroner for publicly funded legal representation.

(2)
The decision of the coroner shall take into account—

(a)
the level of representation of other participating parties; or

(b)
the likelihood of the bereaved family being disadvantaged due to issues

of complexity or understanding if they do not have legal representation;

or

(c)
the likelihood of experts and witnesses appearing at the inquest; or

(d)
the assistance that such representation is likely to give to the coroner in

establishing the circumstances of the death or recommendations for the

prevention of future deaths.

(3)
If the coroner deems that legal representation is appropriate under subsection (2),

that legal representation shall be publicly funded.

(4)
Any decision in respect of funding made by the coroner may be appealed to the

Chief Coroner, and a decision shall be given on the appeal as soon as is

reasonably practicable.’.

Mr David Heath

92

Page  17,  line  18  [Clause  32],  at end insert—

‘(b)
about the way in which such persons may be represented at an inquest;’.

Mr David Heath

93

Page  17,  line  21  [Clause  32],  at end insert—

‘(d)
about the degree of contact between a coroner and such persons that may

be appropriate without prejudice to the conduct of an inquest.’.

Duty to conduct investigations

Mr David Heath

NC32

To move the following Clause:—

Notices of Amendments: 17 March 2009
397

Coroners and Justice Bill, continued

‘(1)
Where in respect of the circumstances of a death it seems to a senior coroner

necessary in order to establish a matter of—

(a)
criminal liability on the part of a named person (including liability in

respect of a service offence); or

(b)
civil liability,


he may request an investigation, whether jointly or separately, by

(i)
the police;

(ii)
the health and safety executive; or

(iii)
any other investigating authority.

(2)
When requesting an investigation under subsection (1), he may request such an

investigation to be carried out as expeditiously as is reasonably practicable.

(3)
Any investigating authority under subsection (1) must comply with a reasonable

request from a senior coroner.

(4)
Where, following an investigation into the circumstances of a death, a court

determines—

(a)
criminal liability on the part of a named person (including liability in

respect of a service offence); or

(b)
civil liability,


then, notwithstanding section 10(2), that determination may be taken by the

senior coroner to satisfy the requirement for a determination under section

5(1)(b).’.

Death of service personnel abroad: investigation in Scotland

Secretary Jack Straw

NC33

To move the following Clause:—

‘(1)
This section applies to the death outside the United Kingdom of a person within

subsection (2) or (3).

(2)
A person is within this subsection if at the time of the death the person was subject

to service law by virtue of section 367 of the Armed Forces Act 2006 (c. 52) and

was engaged in—

(a)
active service,

(b)
activities carried on in preparation for, or directly in support of, active

service, or

(c)
training carried out in order to improve or maintain the effectiveness of

those engaged in active service.

(3)
A person is within this subsection if at the time of the death the person was not

subject to service law but—

(a)
by virtue of paragraph 7 of Schedule 15 to the Armed Forces Act 2006

(c. 52) was a civilian subject to service discipline, and

(b)
was accompanying persons subject to service law who were engaged in

active service.

(4)
If—

(a)
the person’s body is within Scotland or is expected to be brought to the

United Kingdom, and

(b)
the Secretary of State thinks that it may be appropriate for the

circumstances of the death to be investigated under the Fatal Accidents

and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14),


the Secretary of State may notify the Lord Advocate accordingly.

Notices of Amendments: 17 March 2009
398

Coroners and Justice Bill, continued

(5)
If—

(a)
the person’s body is within England and Wales, and

(b)
the Chief Coroner thinks that it may be appropriate for the circumstances

of the death to be investigated under that Act,


the Chief Coroner may notify the Lord Advocate accordingly.

(6)
In this section “active service” has the same meaning as in section 8 of the Armed

Forces Act 2006 (c. 52).’.

Death of service personnel abroad: investigation in England and Wales despite body

being brought to Scotland

Secretary Jack Straw

NC34

To move the following Clause:—

‘(1)
The Chief Coroner may direct a senior coroner to conduct an investigation into a

person’s death if—

(a)
the deceased is a person within subsection (2) or (3) of section [Death of

service personnel abroad: investigation in Scotland],

(b)
the Lord Advocate has been notified under subsection (4) or (5) of that

section in relation to the death,

(c)
the body of the deceased has been brought to Scotland,

(d)
no inquiry into the circumstances of the death under the Fatal Accidents

and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14) has been held (or

any such inquiry that has been started has not been concluded),

(e)
the Lord Advocate notifies the Chief Coroner that, in the Lord

Advocate’s view, it may be appropriate for an investigation under this

Part into the death to be conducted, and

(f)
the Chief Coroner has reason to suspect that—

(i)
the deceased died a violent or unnatural death,

(ii)
the cause of death is unknown, or

(iii)
the deceased died while in custody or otherwise in state

detention.

(2)
The coroner to whom a direction is given under subsection (1) must conduct an

investigation into the death as soon as practicable.


This is subject to section 3.’.

Amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976

Secretary Jack Straw

NC35

To move the following Clause:—

‘(1)
The Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14) is

amended as follows.

(2)
After section 1 insert—

“1A
Death of service personnel abroad

(1)
Subsection (4) applies where—

Notices of Amendments: 17 March 2009
399

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”.’.

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—

Notices of Amendments: 17 March 2009
400

Coroners and Justice Bill, continued

(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.’.

Secretary Jack Straw

94

Page  6  [Clause  11],  leave out lines 3 to 16 and insert—

‘( )
The Secretary of State may certify an investigation under this Part into a person’s

death if—

(a)
an inquest will be held as part of the investigation,

(b)
the inquest will (if the investigation is not certified) be held by a senior

coroner with a jury,

(c)
the Secretary of State is satisfied that the investigation will concern or

involve matters (referred to below as “protected matters”) that should not

be made public in order to protect the interests of—

(i)
national security,

(ii)
the relationship between the United Kingdom and another

country, or

(iii)
preventing or detecting crime,


or in order to protect the safety of a witness or other person, and

(d)
the Secretary of State is of the opinion that it is necessary for the inquest

to be held without a jury in order to avoid protected matters being made

public or unlawfully disclosed.’.

Secretary Jack Straw

95

Page  6  [Clause  11],  leave out lines 28 and 29 and insert—

‘(4)
Where the Secretary of State has certified an investigation under this section—

(a)
the Secretary of State must as soon as possible inform the senior coroner

of the certification;

(b)
the senior coroner must as soon as possible inform all interested persons

whose name and contact details are known to the coroner that the inquest

has been certified.


A reference in this subsection to the senior coroner is to the senior coroner who

is responsible for conducting the investigation, or would be but for subsection

(3).’.

Notices of Amendments: 17 March 2009
401

Coroners and Justice Bill, continued

Secretary Jack Straw

96

Page  6,  line  34  [Clause  11],  at end insert—

‘(5A)
Where a certification under this section has effect, the Secretary of State must

inform the judge responsible for conducting the investigation what are the

protected matters.’.

Secretary Jack Straw

97

Page  6  [Clause  11],  leave out lines 35 to 38 and insert—

‘(6)
The judge holding an inquest as part of a certified investigation must hold it

without a jury if—

(a)
there is a protected matter that would need to be revealed to the jury (if

there was one)—

(i)
in order for the jury to be able properly to discharge its duty

under section 10(1), and

(ii)
in order to avoid a breach of any relevant Convention rights

(within the meaning of the Human Rights Act 1998 (c. 42)),


and

(b)
the judge is satisfied that it is necessary to hold the inquest without a jury

in order to avoid the matter being made public or unlawfully disclosed.


If the judge decides to hold the inquest with a jury, the judge must not allow any

protected matter to be revealed to the jury unless it is a matter within paragraph

(a).’.

Secretary Jack Straw

98

Page  6,  line  40  [Clause  11],  leave out from ‘effect’ to end of line 42 and insert ‘—

(a)
as if references in it to the Chief Coroner were references to the Court of

Appeal;

(b)
with the omission of subsections (8) and (9).’.

Secretary Jack Straw

99

Page  6,  line  43  [Clause  11],  leave out lines 43 to 45 and insert—

‘( )
In this section—

(a)
a reference to conducting an investigation, in the case of an investigation

that has already begun, is to be read as a reference to continuing to

conduct it;

(b)
a reference to holding an inquest without a jury, in the case of an inquest

that has already begun, is to be read as a reference to continuing the

inquest without a jury.


Where by virtue of subsection (6) an inquest begun with a jury has to be continued

without one, the judge holding the inquest must discharge the jury.’.

Secretary Jack Straw

100

Page  7,  line  1,  leave out Clause 12.

Secretary Jack Straw

101

Page  7,  line  21  [Clause  13],  at end insert—