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Consideration of Bill: 23 March 2009                  

506

 

Coroners and Justice Bill, continued

 
 

“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—

 

(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;


 
 

Consideration of Bill: 23 March 2009                  

507

 

Coroners and Justice Bill, continued

 
 

(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

 

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.”’.

 


 

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 provide

 

him routinely 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


 
 

Consideration of Bill: 23 March 2009                  

508

 

Coroners and Justice Bill, continued

 
 

(b)    

problems in the functioning, capacity of 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—

 

(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.’.

 


 

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.


 
 

Consideration of Bill: 23 March 2009                  

509

 

Coroners and Justice Bill, continued

 
 

(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.’.

 


 

Duty to conduct investigations

 

Mr David Heath

 

NC32

 

To move the following Clause:—

 

‘(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).’.

 


 

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—


 
 

Consideration of Bill: 23 March 2009                  

510

 

Coroners and Justice Bill, continued

 
 

(a)    

the Lord Chief Justice; and

 

(b)    

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

 

consult.’.

 


 

Inquests in cases of multiple deaths

 

Derek Twigg

 

Mr George Howarth

 

Mr Peter Kilfoyle

 

Mr Joe Benton

 

Mr Edward O’Hara

 

Dr John Pugh

 

Total signatories: 8

 

NC41

 

To move the following Clause:—

 

‘(1)    

This section applies where it appears from a coroner’s investigation under this

 

Part that more than one death has occurred from related causes.

 

(2)    

Where this section applies, a coroner may hold the inquests into the deaths as a

 

single proceeding.

 

(3)    

Such a proceeding may deal with the deaths either jointly or sequentially.

 

(4)    

The coroner must consult the next of kin of each of the deceased persons, and

 

obtain their consent in writing, before holding inquests as described in

 

subsections (2) and (3).’.

 


 

Mr Andrew Dismore

 

Dr Evan Harris

 

Mr Virendra Sharma

 

134

 

Page  2,  line  1  [Clause  1],  at end insert—

 

‘(2A)    

For the purposes of this section, the circumstances when the deceased should be

 

considered to have been in “state detention” include—

 

(a)    

detention by a constable or other public authority pursuant to statutory or

 

common law powers;

 

(b)    

detention or deprivation of liberty pursuant to the requirements of mental

 

health legislation, including the Mental Health Act 1983 and the Mental

 

Capacity Act 2005, as amended by the Mental Health Act 2007;

 

(c)    

the placement of a child in secure accommodation;

 

(d)    

detention pursuant to immigration and asylum legislation; and

 

(e)    

the detention of any person in custody or otherwise detained while he or

 

she is being transported from one place to another.’.

 



 
 

Consideration of Bill: 23 March 2009                  

511

 

Coroners and Justice Bill, continued

 
 

Derek Twigg

 

Mr George Howarth

 

Mr Peter Kilfoyle

 

Mr Joe Benton

 

Mr Edward O’Hara

 

Dr John Pugh

 

Total signatories: 8

 

154

 

Page  3,  line  41  [Clause  5],  at end insert—

 

‘(1A)    

For the avoidance of doubt, the requirement in subsection (1)(b) shall include

 

making the best possible estimate of the precise time and date of a person’s

 

death.’.

 


 

Mr Andrew Dismore

 

Dr Evan Harris

 

Mr Virendra Sharma

 

John McDonnell

 

135

 

Page  4,  line  4  [Clause  5],  at end insert—

 

‘(2A)    

The senior coroner may detemine that the purpose of any investigation shall

 

include ascertaining the circumstances the deceased came by his or her death

 

where—

 

(a)    

the senior coroner is satisfied that there are reasonable grounds to

 

determine that the continued or repeat occurrence of those circumstances

 

would be prejudicial to the health and safety of members of the public, or

 

any section of it; or

 

(b)    

the senior coroner is satisfied that there are reasonable grounds to

 

consider such circumstances in the public interest.’.

 

Jenny Willott

 

David Howarth

 

89

 

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

 

(iii)    

a member of the security services,’.

 

Mr Douglas Hogg

 

Mr Richard Shepherd

 

45

 

Page  4,  line  30  [Clause  7],  at end insert—

 

‘(ba)    

that the death resulted from the act or omission of any member of the

 

armed services in the purported execution of his or her duty in

 

circumstances where the death occurred in any part of the United

 

Kingdom, or’.

 

Mr Douglas Hogg

 

Mr Richard Shepherd

 

46

 

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


 
 

Consideration of Bill: 23 March 2009                  

512

 

Coroners and Justice Bill, continued

 
 

(d)    

the death occurred in circumstances the continuance or possible

 

recurrence of which is prejudicial to the health or safety of any person or

 

of any section of the public’.

 

Mr Andrew Dismore

 

Dr Evan Harris

 

Mr Virendra Sharma

 

John McDonnell

 

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

 

John McDonnell

 

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

 

John McDonnell

 

139

 

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

 

‘(a)    

the minority consists of not more than two, and’.

 

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.’.

 



 
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