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| | “8A | Duty to notify coroner of acquisition of certain objects |
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| | (a) | acquires property in an object, and |
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| | (b) | believes or has reasonable grounds for believing— |
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| | (i) | that the object is treasure, and |
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| | (ii) | that notification in respect of the object has not been |
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| | given under section 8(1) of this subsection, |
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| | | must notify the Coroner for Treasure before the end of the notice period. |
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| | (2) | The notice period is fourteen days beginning with— |
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| | (a) | the day after he acquires property in the object; or |
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| | (b) | if later, the day on which he first believes or has reason to |
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| | (i) | that the object is treasure; and |
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| | (ii) | that notification in respect of the object has not been |
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| | given under section 8(1) or subsection (1) of this section. |
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| | (3) | Any person who fails to comply with subsection (1) is guilty of an |
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| | (a) | notification in respect of the object has not been given under |
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| | section 8(1) or subsection (1) of this section; and |
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| | (b) | there has been no investigation in relation to the object. |
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| | (4) | Any person guilty of an offence under this section is liable on summary |
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| | (a) | imprisonment for a term not exceeding the relevant maximum; |
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| | (b) | a fine of an amount not exceeding level 5 on the standard scale; |
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| | (5) | In proceedings for an offence under this section, it is a defence for the |
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| | defendant to show he had, and has continued to have, a reasonable excuse |
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| | for failing to notify the Coroner for Treasure. |
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| | (6) | If the office of Coroner for Treasure is vacant, notification under |
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| | subsection (1) must be given to the Chief Coroner. |
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| | (7) | In determining for the purposes of this section whether a person has |
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| | acquired property in an object, section 4 is to be disregarded. |
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| | (8) | In this section “investigation” means an investigation under section |
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| | [Investigations in relation to treasure] of the Coroners and Justice Act |
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| | 8B | Duty to deliver object to coroner |
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| | (1) | Where the Coroner for Treasure is conducting, or proposes to conduct, an |
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| | investigation in relation to an object under section [Investigations in |
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| | relation to treasure] of the Coroners and Justice Act 2009, he may direct |
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| | a person who has control of the object to deliver the object to a designated |
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| | person before the end of the period of fourteen days beginning with the |
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| | day after the direction is given to him. |
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| | (2) | Any person who fails to comply with a direction under subsection (1) is |
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| | guilty of an offence and liable on summary conviction to— |
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| | (a) | imprisonment for a term not exceeding the relevant maximum; |
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| | (b) | a fine of an amount not exceeding level 5 on the standard scale; |
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| | (3) | In proceedings for an offence under this section, it is a defence for the |
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| | defendant to show he had, and has continued to have, a reasonable excuse |
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| | for failing to comply with the direction. |
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| | (4) | For the purposes of this section a person has control of an object if he has |
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| | possession, or a right to possession, of it; and in determining for those |
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| | purposes whether a person has a right to possession of an object, section |
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| | (5) | In this section “designated person” means a person designated in a code |
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| | of practice under section 11. |
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| | 8C | Offences: further provision |
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| | (1) | Proceedings for an offence under section 8, 8A or 8B may be brought |
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| | within the period of six months from the date on which evidence |
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| | sufficient in the opinion of the prosecutor to warrant the proceedings |
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| | came to his knowledge; but no such proceedings may be brought by |
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| | virtue of this subsection more than three years after the commission of |
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| | (2) | For the purposes of subsection (1)— |
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| | (a) | a certificate signed by or on behalf of the prosecutor and stating |
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| | the date on which evidence sufficient in his opinion to warrant |
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| | the proceedings came to his knowledge shall be conclusive |
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| | evidence of that fact; and |
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| | (b) | a certificate stating that matter and purporting to be so signed |
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| | shall be deemed to be so signed unless the contrary is proved. |
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| | (3) | For the purposes of sections 8A and 8B “the relevant maximum” is— |
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| | (a) | in England and Wales, 51 weeks; |
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| | (b) | in Northern Ireland, three months. |
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| | (4) | In relation to an offence committed before the commencement of |
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| | paragraph 48 of Schedule 26 to the Criminal Justice Act 2003 (c. 44), the |
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| | reference in subsection (3)(a) to 51 weeks is to be read as a reference to |
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| | Oversight by the chief coroner |
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| To move the following Clause:— |
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| | ‘(1) | The Chief Coroner may require senior coroners and medical examiners to provide |
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| | him routinely with information he deems necessary in order for him to identify— |
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| | (a) | trends in deaths reported to coroners and deaths not reported to coroners, |
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| | (b) | problems in the functioning, capacity of funding or the coronial system. |
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| | (2) | A copy of reports submitted by senior coroners under paragraph 6(1) of Schedule |
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| | 4 and a copy of responses to those reports must also be submitted to the Chief |
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| | (3) | The Chief Coroner may keep central records of all information provided to him |
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| | under subsection (1) and reports under subsection (2). |
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| | (4) | Where trends in deaths are identified under subsection (1), the Chief Coroner may |
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| | order an investigation to ascertain the causes of deaths to be carried out by— |
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| | (b) | appropriate and suitably qualified researchers. |
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| | (5) | The results of an investigation carried out under subsection (4) must be reported |
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| | to the Chief Coroner and to the appropriate authority. |
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| | (6) | Where an authority receives a report under subsection (5), it must publish details |
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| | of the action which needs to be taken to prevent subsequent deaths. |
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| | (7) | The Chief Coroner must provide an annual report to the Lord Chancellor which |
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| | (a) | details of problems identified under subsection (1), |
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| | (b) | details of action taken under subsections (4) and (6), |
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| | (c) | details of senior coroners’ reports and responses to them under paragraph |
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| | (d) | matters of outstanding concern to the Chief Coroner in relation to this |
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| | (8) | The Lord Chancellor must lay a copy of the Chief Coroner’s annual report before |
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| | Parliament within 60 days of receiving the report.’. |
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| | Publicly funded legal representation |
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| To move the following Clause:— |
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| | ‘(1) | If a coroner has a duty to conduct an investigation into a death under section 1, |
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| | anyone under section 36(2)(a) shall be entitled to make an application to the |
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| | coroner for publicly funded legal representation. |
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| | (2) | The decision of the coroner shall take into account— |
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| | (a) | the level of representation of other participating parties; or |
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| | (b) | the likelihood of the bereaved family being disadvantaged due to issues |
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| | of complexity or understanding if they do not have legal representation; |
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| | (c) | the likelihood of experts and witnesses appearing at the inquest; or |
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| | (d) | the assistance that such representation is likely to give to the coroner in |
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| | establishing the circumstances of the death or recommendations for the |
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| | prevention of future deaths. |
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| | (3) | If the coroner deems that legal representation is appropriate under subsection (2), |
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| | that legal representation shall be publicly funded. |
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| | (4) | Any decision in respect of funding made by the coroner may be appealed to the |
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| | Chief Coroner, and a decision shall be given on the appeal as soon as is |
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| | reasonably practicable.’. |
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| | Duty to conduct investigations |
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| To move the following Clause:— |
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| | ‘(1) | Where in respect of the circumstances of a death it seems to a senior coroner |
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| | necessary in order to establish a matter of— |
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| | (a) | criminal liability on the part of a named person (including liability in |
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| | respect of a service offence); or |
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| | | he may request an investigation, whether jointly or separately, by |
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| | (ii) | the health and safety executive; or |
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| | (iii) | any other investigating authority. |
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| | (2) | When requesting an investigation under subsection (1), he may request such an |
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| | investigation to be carried out as expeditiously as is reasonably practicable. |
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| | (3) | Any investigating authority under subsection (1) must comply with a reasonable |
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| | request from a senior coroner. |
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| | (4) | Where, following an investigation into the circumstances of a death, a court |
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| | (a) | criminal liability on the part of a named person (including liability in |
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| | respect of a service offence); or |
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| | | then, notwithstanding section 10(2), that determination may be taken by the |
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| | senior coroner to satisfy the requirement for a determination under section |
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| | Review of access to legal aid in inquests |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall, within one year after the date on which this Act |
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| | receives Royal Assent, lay before both Houses of Parliament a report on access |
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| | to legal aid and other funding for bereaved families in relation to inquests. |
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| | (2) | The report under subsection (1) shall be prepared by a person appointed by the |
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| | Secretary of State following consultation with— |
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| | (a) | the Lord Chief Justice; and |
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| | (b) | such other person as the Secretary of State shall consider appropriate to |
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| | Inquests in cases of multiple deaths |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where it appears from a coroner’s investigation under this |
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| | Part that more than one death has occurred from related causes. |
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| | (2) | Where this section applies, a coroner may hold the inquests into the deaths as a |
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| | (3) | Such a proceeding may deal with the deaths either jointly or sequentially. |
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| | (4) | The coroner must consult the next of kin of each of the deceased persons, and |
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| | obtain their consent in writing, before holding inquests as described in |
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| | subsections (2) and (3).’. |
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| Page 2, line 1 [Clause 1], at end insert— |
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| | ‘(2A) | For the purposes of this section, the circumstances when the deceased should be |
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| | considered to have been in “state detention” include— |
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| | (a) | detention by a constable or other public authority pursuant to statutory or |
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| | (b) | detention or deprivation of liberty pursuant to the requirements of mental |
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| | health legislation, including the Mental Health Act 1983 and the Mental |
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| | Capacity Act 2005, as amended by the Mental Health Act 2007; |
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| | (c) | the placement of a child in secure accommodation; |
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| | (d) | detention pursuant to immigration and asylum legislation; and |
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| | (e) | the detention of any person in custody or otherwise detained while he or |
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| | she is being transported from one place to another.’. |
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| Page 3, line 41 [Clause 5], at end insert— |
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| | ‘(1A) | For the avoidance of doubt, the requirement in subsection (1)(b) shall include |
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| | making the best possible estimate of the precise time and date of a person’s |
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| Page 4, line 4 [Clause 5], at end insert— |
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| | ‘(2A) | The senior coroner may detemine that the purpose of any investigation shall |
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| | include ascertaining the circumstances the deceased came by his or her death |
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| | (a) | the senior coroner is satisfied that there are reasonable grounds to |
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| | determine that the continued or repeat occurrence of those circumstances |
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| | would be prejudicial to the health and safety of members of the public, or |
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| | (b) | the senior coroner is satisfied that there are reasonable grounds to |
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| | consider such circumstances in the public interest.’. |
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| Page 4, line 29 [Clause 7], at end insert ‘or |
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| | (iii) | a member of the security services,’. |
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| Page 4, line 30 [Clause 7], at end insert— |
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| | ‘(ba) | that the death resulted from the act or omission of any member of the |
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| | armed services in the purported execution of his or her duty in |
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| | circumstances where the death occurred in any part of the United |
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| Page 4, line 31 [Clause 7], at end insert ‘, or |
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| | (d) | the death occurred in circumstances the continuance or possible |
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| | recurrence of which is prejudicial to the health or safety of any person or |
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| | of any section of the public’. |
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| Page 4, line 31 [Clause 7], at end insert ‘or |
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| | (d) | that the death occurred in circumstances the continuance or possible |
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| | recurrence of which is prejudicial to the health or safety of the public or |
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| | any section of the public.’. |
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| Page 4, line 41 [Clause 8], leave out ‘six, seven, eight or nine’ and insert ‘not less |
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| than seven nor more than eleven’. |
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| Page 5, line 17 [Clause 9], leave out paragraph (a) and insert— |
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| | ‘(a) | the minority consists of not more than two, and’. |
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| Page 5, line 40 [Clause 10], at end insert— |
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| | ‘(3A) | Subsection (2) shall not affect the duty on the coroner to conduct an investigation |
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| | which meets the requirements of section 5.’. |
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