House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Notices of Amendments: 17 March 2009
402

Coroners and Justice Bill, continued

‘“( )
a disclosure made by the Secretary of State to a judge of the High Court

in pursuance of section 11(5A) of the Coroners and Justice Act 2009;’.

Secretary Jack Straw

102

Page  7,  line  31  [Clause  13],  leave out ‘or’ and insert—

‘( )
a disclosure made by the Secretary of State to a coroner in pursuance of

section 18A(2)(a) of the Coroners Act (Northern Ireland) 1959; or’.

Secretary Jack Straw

103

Page  14  [Clause  27],  leave out lines 21 to 26.

Secretary Jack Straw

104

Page  14,  line  27  [Clause  27],  leave out ‘further provision about’ and insert

‘provision about the appointment etc of’.

Secretary Jack Straw

105

Page  14,  line  31  [Clause  27],  leave out ‘this section or’.

Secretary Jack Straw

106

Page  16,  line  13  [Clause  30],  at end insert—

‘( )
a decision whether to exercise a power conferred by virtue of section

34(3)(a) or (4) to exclude persons from all or part of an inquest;’.

Secretary Jack Straw

107

Page  18,  line  17  [Clause  33],  at end insert—

‘( )
provision requiring a summary of specified information given to the

Chief Coroner by virtue of paragraph (e) to be included in reports under

section [Reports and advice to the Lord Chancellor from the Chief

Coroner];’.

Secretary Jack Straw

108

Page  19,  line  22  [Clause  34],  leave out from ‘requiring’ to end of line 23 and insert

‘permission to be given for the making of an appeal to the Court of Appeal under any

provision of this Part’.

Secretary Jack Straw

109

Page  19,  line  35  [Clause  34],  leave out from ‘provision’ to ‘from’ in line 37 and

insert ‘conferring power on a person holding an inquest as part of an investigation that has

been certified under section 11 to give a direction excluding persons’.

Secretary Jack Straw

110

Page  20,  line  39  [Clause  36],  at end insert—

‘( )
in the case of an investigation that has been certified under section 11, the

Minister who certified the investigation;’.

Notices of Amendments: 17 March 2009
403

Coroners and Justice Bill, continued

Secretary Jack Straw

111

Page  23,  line  26  [Clause  38],  at end insert—

‘( )
In section 13 of the Coroners Act (Northern Ireland) 1959 (c. 15) (coroner may

hold inquest), in subsection (1), for the words from “a coroner within whose

district” to “an unexpected or unexplained death” substitute “a coroner—

(a)
who is informed that the body of a deceased person is lying within his

district; or

(b)
in whose district an unexpected or unexplained death”.’.

Secretary Jack Straw

112

Page  23,  line  28  [Clause  38],  leave out ‘sections 11 and 12’ and insert ‘section 11’.

Secretary Jack Straw

113

Page  126,  line  32  [Schedule  3],  leave out ‘, 3 or 12(3)(a)’ and insert ‘or 3’.

Secretary Jack Straw

114

Page  136  [Schedule  7],  leave out lines 16 to 25 and insert—

‘Appointment of Chief Coroner

1    (1)
The Lord Chief Justice may appoint a person as the Chief Coroner.

      (2)
To be eligible for appointment as the Chief Coroner a person must be—

(a)
a judge of the High Court or a Circuit judge, and

(b)
under the age of 70.

      (3)
The Lord Chief Justice must consult the Lord Chancellor before making an

appointment under this paragraph.

      (4)
The appointment of a person as the Chief Coroner is to be for a term decided

by the Lord Chief Justice after consulting the Lord Chancellor.


The term must be one that expires before the person’s 70th birthday.

      (5)
In this paragraph “appointment” includes re-appointment.

Appointment of Deputy Chief Coroners

1A  (1)
The Lord Chief Justice may secure the appointment as Deputy Chief Coroners

of however many persons the Lord Chief Justice thinks appropriate.

      (2)
To be eligible for appointment as a Deputy Chief Coroner a person must be—

(a)
a judge of the High Court, a Circuit judge or a senior coroner, and

(b)
under the age of 70.

      (3)
The Lord Chief Justice must consult the Lord Chancellor as to—

(a)
the appropriate number of persons to be appointed as Deputy Chief

Coroners;

(b)
how many of them are to be persons eligible for appointment by virtue

of being judges and how many are to be persons eligible for

appointment by virtue of being senior coroners.

      (4)
The function of appointing a person as a Deputy Chief Coroner is exercisable,

in the case of a judge of the High Court or a Circuit judge, by the Lord Chief

Justice after consulting the Lord Chancellor.

Notices of Amendments: 17 March 2009
404

Coroners and Justice Bill, continued

      (5)
The appointment by the Lord Chief Justice of a person as a Deputy Chief

Coroner is to be for a term decided by the Lord Chief Justice after consulting

the Lord Chancellor.


The term must be one that expires before the person’s 70th birthday.

      (6)
The function of appointing a person as a Deputy Chief Coroner is exercisable,

in the case of a senior coroner, by the Lord Chancellor at the invitation of the

Lord Chief Justice.

      (7)
The appointment by the Lord Chancellor of a person as a Deputy Chief

Coroner is to be for a term decided by the Lord Chancellor after consulting the

Lord Chief Justice.


The term must be one that expires before the person’s 70th birthday.

      (8)
In this paragraph “appointment” includes re-appointment.’.

Secretary Jack Straw

115

Page  136,  line  27  [Schedule  7],  leave out ‘or a Deputy Chief Coroner’ and insert

‘, or a Deputy Chief Coroner appointed by the Lord Chief Justice,’.

Secretary Jack Straw

116

Page  136,  line  31  [Schedule  7],  at end insert—

    ‘( )
A Deputy Chief Coroner appointed by the Lord Chancellor may resign from

office by giving notice in writing to the Lord Chancellor.

      ( )
But the resignation does not take effect unless and until it is accepted by the

Lord Chancellor, who must consult the Lord Chief Justice before accepting

it.’.

Secretary Jack Straw

117

Page  136,  line  33  [Schedule  7],  leave out ‘or a Deputy Chief Coroner’ and insert

‘, or a Deputy Chief Coroner appointed by the Lord Chief Justice,’.

Secretary Jack Straw

118

Page  136,  line  34  [Schedule  7],  at end insert—

    ‘( )
The Lord Chancellor may, after consulting the Lord Chief Justice, remove a

Deputy Chief Coroner appointed by the Lord Chancellor from office for

incapacity or misbehaviour.’.

Secretary Jack Straw

119

Page  138  [Schedule  8],  leave out lines 27 to 41 and insert—

‘3  (1)
Where—

(a)
by virtue of this Schedule an investigation is conducted by a person

who holds or has held office as judge of the High Court (including the

Chief Coroner if he or she is such a person) or by a person who has

held office as a judge of the Court of Appeal, and

(b)
the investigation gives rise to an appeal under section 30,


that section has effect as if references in it to the Chief Coroner were references

to the Court of Appeal, and with the omission of subsections (8) and (9).

      (2)
Where—

Notices of Amendments: 17 March 2009
405

Coroners and Justice Bill, continued

(a)
by virtue of this Schedule an investigation is conducted by a Circuit

judge (including the Chief Coroner if he or she is a Circuit judge), and

(b)
the investigation gives rise to an appeal under section 30,


that section has effect as if references in it to the Chief Coroner were references

a judge of the High Court nominated by the Lord Chief Justice.’.

Secretary Jack Straw

120

Page  141,  line  21  [Schedule  9],  leave out from beginning to end of line 19 on page

142 and insert—

‘“18A
Certified inquest without jury where interests of national security etc

require

(1)
The Secretary of State may certify an inquest if—

(a)
the inquest will (if it is not certified) be held with a jury;

(b)
the Secretary of State is satisfied that the inquest 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

(c)
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.

(2)
Where the Secretary of State has certified an inquest under this

section—

(a)
the Secretary of State shall as soon as possible inform the

coroner of the certification and of the protected matters;

(b)
the coroner shall as soon as possible inform every person—

(i)
who in the coroner’s opinion is a properly interested

person, and

(ii)
whose name and contact details are known to the

coroner,


that the inquest has been certified.

(3)
There shall be no proceedings on an inquest certified under this

section—

(a)
until the end of the period of 14 days beginning with the date

of the certification, or

(b)
if proceedings for judicial review of the certification are

brought within that period, until the conclusion of the

proceedings.

(4)
The coroner shall hold a certified inquest without a jury if—

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

the jury (if there was one)—

Notices of Amendments: 17 March 2009
406

Coroners and Justice Bill, continued

(i)
in order for the jury to be able to make a proper

decision on their verdict as to the particulars

mentioned in section 31(1), and

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

rights (within the meaning of the Human Rights Act

1998);


and

(b)
the coroner 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 coroner decides to hold the inquest with a jury, he shall not allow

any protected matter to be revealed to the jury unless it is a matter

within paragraph (a).

(5)
A reference in subsection (4) 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; and where by virtue

of that subsection an inquest begun with a jury has to be continued

without one, the coroner shall discharge the jury.”’.

Secretary Jack Straw

121

Page  195,  line  22  [Schedule  19],  leave out ‘entry’ and insert ‘entries’.

Secretary Jack Straw

122

Page  195,  line  25  [Schedule  19],  at end insert—

“Deputy Chief Coroner appointed by the Lord Chancellor under that Part

who is not also a senior coroner.”’.

Secretary Jack Straw

123

Page  195,  line  28  [Schedule  19],  leave out ‘entry’ and insert ‘entries’.

Secretary Jack Straw

124

Page  195,  line  31  [Schedule  19],  at end insert—

“Deputy Chief Coroner appointed by the Lord Chancellor under that Part

who is not also a senior coroner.”’.

Secretary Jack Straw

125

Page  196,  line  18  [Schedule  19],  at end insert—

‘Judicial Pensions and Retirement Act 1993 (c. 8)


In Part 2 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (other

offices that may be qualifying judicial offices), after the entry relating to the

Adjudicator to Her Majesty’s Land Registry there is inserted—


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

also a senior coroner”.’.

Notices of Amendments: 17 March 2009
407

Coroners and Justice Bill, continued

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”.’.

Secretary Jack Straw

127

Page  215,  line  22  [Schedule  20],  leave out ‘sections 11 and 12’ and insert ‘section

11’.

Secretary Jack Straw

128

Page  215,  line  25  [Schedule  20],  leave out ‘sections 11 and 12’ and insert ‘section

11’.

Secretary Jack Straw

129

Page  51  [Clause  88],  leave out lines 27 to 38 and insert—

‘(7)
Any examination of the accused in pursuance of a direction under

subsection (3) must take place in the presence of such persons as

Criminal Procedure Rules or the direction may provide and in

circumstances in which—

(a)
the judge or justices (or both) and legal representatives acting in

the proceedings are able to see and hear the examination of the

accused and to communicate with the intermediary,

(b)
the jury (if there is one) are able to see and hear the examination

of the accused, and

(c)
where there are two or more accused in the proceedings, each of

the other accused is able to see and hear the examination of the

accused.’.

Secretary Jack Straw

130

Page  101,  line  12,  leave out Clause 154.

Secretary Jack Straw

131

Page  228,  line  34  [Schedule  21],  at end insert—

‘Section 10(1) to (7).’.

Notices of Amendments: 17 March 2009
408

Coroners and Justice Bill, continued

Incitement to hatred on grounds of sexual orientation: association with child sex offences

David Howarth

Dr Evan Harris

NC37

To move the following Clause:—

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

(2)
After subsection 29B (1) insert—

“(1A)
“Threatening” in subsection (1) extends to words, behaviour or written

material which asserts or implies an association between sexual

orientation and a propensity to commit child sex offences under Part 1 of

the Sexual Offences Act 2003 (c. 42).”’.