House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Notices of Amendments: 18 March 2009
416

Coroners and Justice Bill, continued

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

136

Page  5,  line  40  [Clause  10],  at end insert—

‘(3A)
Subsection (2) shall not affect the duty on the coroner to conduct an investigation

which meets the requirements of section 5.’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

137

Page  4,  line  31  [Clause  7],  at end insert ‘or

(d)
that the death occurred in circumstances the continuance or possible

recurrence of which is prejudicial to the health or safety of the public or

any section of the public.’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

138

Page  4,  line  41  [Clause  8],  leave out ‘six, seven, eight or nine’ and insert ‘not less

than seven nor more than eleven’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

139

Page  5,  line  17  [Clause  9],  leave out paragraph (a) and insert—

‘(a)
the minority consists of not more than two, and’.

Review of access to legal aid in inquests

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

NC39

To move the following Clause:—

‘(1)
The Secretary of State shall, within one year after the date on which this Act

receives Royal Assent, lay before both Houses of Parliament a report on access

to legal aid and other funding for bereaved families in relation to inquests.

(2)
The report under subsection (1) shall be prepared by a person appointed by the

Secretary of State following consultation with—

(a)
the Lord Chief Justice; and

(b)
such other person as the Secretary of State shall consider appropriate to

consult.’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

140

Page  42,  line  5  [Clause  71],  at end insert—

Notices of Amendments: 18 March 2009
417

Coroners and Justice Bill, continued

‘(7A)
The court has the power to appoint special counsel to represent the interests of the

defendant in his or her absence, if it appears to the court to be appropriate to do

so in circumstances of the case.’.

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

141

Page  37,  line  40  [Clause  63],  at end insert—

‘(8A)
The condition in this subsection is that the Director of Public Prosecutions has

given his consent to the application.’.

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.’.

Secretary Jack Straw

142

Page  36,  line  4  [Clause  61],  at end insert—

‘( )
A person who discloses such information as regards another person as is

described in subsection (1) may not rely on subsection (8) in a case where—

(a)
it might have been determined that the person was required or permitted

to withhold the information (whether on grounds of public interest

immunity or on other grounds), but

(b)
the person disclosed the information without there having been a

determination as to whether the person was required or permitted to

withhold the information.


Disclosure for the purposes of seeking such a determination is not a contravention

of an investigation anonymity order.’.

Secretary Jack Straw

143

Page  62,  line  2  [Clause  104],  leave out subsections (1) to (4) and insert—

‘(1)
This section applies to sentencing guidelines relating to a particular offence.

(2)
The guidelines must, if the Council considers it appropriate given the nature of

the offence, describe, by reference to one or both of the factors mentioned in

subsection (3), different categories of case involving the commission of the

offence which illustrate (in so far as it is possible to do so by reference to those

factors only) the varying degrees of seriousness with which the offence may be

committed.

Notices of Amendments: 18 March 2009
418

Coroners and Justice Bill, continued

(3)
Those factors are—

(a)
the offender’s culpability in committing the offence;

(b)
the harm caused, or intended to be caused or which might foreseeably

have been caused, by the offence.

(4)
The guidelines must—

(a)
specify the range of sentences (“the offence range”) which, in the opinion

of the Council, it may be appropriate for a court to impose on an offender

convicted of that offence, and

(b)
if the guidelines describe different categories of case under subsection

(2), specify for each category the range of sentences within the offence

range which, in the opinion of the Council, it may be appropriate for a

court to impose on an offender in a case which falls within the category.

(4A)
The guidelines must also—

(a)
specify the sentencing starting point in the offence range, or

(b)
if the guidelines describe different categories of case under subsection

(2), specify the sentencing starting point in the offence range for each of

those categories.’.

Secretary Jack Straw

144

Page  62,  line  29  [Clause  104],  at end insert ‘or the offender’.

Secretary Jack Straw

145

Page  62,  line  42  [Clause  104],  leave out from ‘within the’ to end of line 43 and

insert ‘offence range.’.

Secretary Jack Straw

146

Page  62,  line  44  [Clause  104],  leave out subsection (8) and insert—

‘(8)
The sentencing starting point in the offence range—

(a)
for a category of case described in the guidelines under subsection (2), is

the sentence within that range which the Council considers to be the

appropriate sentence for cases within that category—

(i)
before taking account of the factors listed in the guidelines under

subsection (5), and

(ii)
assuming the offender has pleaded not guilty, and

(b)
where the guidelines do not describe categories of case under subsection

(2), is the sentence within that range which the Council considers to be

the appropriate sentence for the offence—

(i)
before taking account of the factors listed in the guidelines under

subsection (5), and

(ii)
assuming the offender has pleaded not guilty.’.

Secretary Jack Straw

147

Page  65,  line  19  [Clause  108],  leave out ‘Subsection (3) applies’ and insert

‘Subsections (3) and (3A) apply’.

Secretary Jack Straw

148

Page  65,  line  27  [Clause  108],  leave out paragraphs (a) and (b) and insert—

Notices of Amendments: 18 March 2009
419

Coroners and Justice Bill, continued

‘(a)
where the offence-specific guidelines describe categories of case under

section 104(2), to decide which of the categories most resembles P’s case

in order to identify the sentencing starting point in the offence range, and

(b)
in all cases, to impose on P in accordance with the offence-specific

guidelines a sentence which is within the offence range.

‘(3A)
In a case where a decision is made under subsection (3)(a), the range of sentences

specified in the guidelines under section 104(4)(b) for the category concerned is

to be disregarded when determining whether the court has discharged the duty

imposed by subsection (1).’.

Secretary Jack Straw

149

Page  70,  line  40  [Clause  119],  at end insert—

‘“the offence range” has the meaning given by section 104(4)(a);’.

Secretary Jack Straw

150

Page  71,  line  11  [Clause  119],  at end insert—

‘“the sentencing starting point”, in relation to the offence range, has the

meaning given by section 104(8);’.

Secretary Jack Straw

151

Page  131,  line  30  [Schedule  4],  at end insert—

‘(3)
A copy of a report under this paragraph, and of the response to it, must be sent to

the Chief Coroner.’.

Secretary Jack Straw

152

Page  182,  line  26  [Schedule  18],  at end insert—

‘4A
In section 67 of that Act (general provision about orders etc under the Act) in

subsection (5)(a) insert at the appropriate place—

          “section 41A(2)(b),”.’.

Secretary Jack Straw

153

Page  182,  line  29  [Schedule  18],  leave out ‘(except in Part 5A)’.