Coroners and Justice Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Coroners and Justice Bill

LORDS amendments to the
Coroners and Justice Bill
[The page and line references are to HL Bill 33, the bill as first printed for the Lords.]
After Clause 5
1
Insert the following new Clause—

“Information for requests

In section 15 of the Regulation of Investigatory Powers Act 2000 (c. 23)

(general safeguards), after subsection (4)(c) insert—

“(ca)
it is necessary to ensure that an inquest has the information it

needs to enable the matters required to be ascertained by the

investigation to be ascertained;”.”
2
Insert the following new Clause—

“Amendment to the Regulation of Investigatory Powers Act 2000

(1)
Section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23)

(exceptions to section 17) is amended as follows.

(2)
In subsection (7), after paragraph (c) insert—

“(d)
a disclosure to a coronial judge or to a person appointed as

counsel to an inquest or to members of a jury at an inquest

or to an interested person in which the coronial judge has

ordered the disclosure.”

(3)
After subsection (8A) insert—

“(8B)
A coronial judge shall not order a disclosure under subsection

(7)(d) except where the judge is satisfied that the circumstances of

the case make the disclosure necessary to enable the matters

required to be ascertained by the investigation to be ascertained.

Bill 160 54/4

2

(8C)
An order for disclosure made under subsection (7)(d) may include

directions enabling the redaction of any material relating to the

method or means by which the information was obtained.”

(4)
After subsection (13) insert—

“(14)
In this section “interested person” has the same meaning as in

section 38 of the Coroners and Justice Act 2009.

(15)
In this section “coronial judge” means a judge nominated by the

Lord Chief Justice under the Coroners and Justice Act 2009 to

conduct an investigation into a person’s death and who has agreed

to do so.””
Clause 7
3
Page 4, leave out line 18
Clause 8
4
Page 4, line 39, leave out “six, seven, eight or nine” and insert “seven, eight, nine,

ten or eleven”
Clause 9
5
Page 5, line 17, leave out paragraph (a) and insert—

“(a)
only one or two of the jury do not agree on it, and”
Clause 11
6
Leave out Clause 11
Clause 12
7
Leave out Clause 12
Clause 14
8
Page 9, line 10, leave out subsection (6)
After Clause 17
9
Insert the following new Clause—

“Investigations lasting more than a year

(1)
A senior coroner who is conducting an investigation under this Part into a

person’s death that has not been completed or discontinued within a

year—

(a)
must notify the Chief Coroner of that fact;

(b)
must notify the Chief Coroner of the date on which the

investigation is completed or discontinued.

(2)
In subsection (1) “within a year” means within the period of 12 months

beginning with the day on which the coroner was made aware that the

person’s body was within the coroner’s area.

3

(3)
The Chief Coroner must keep a register of notifications given under

subsection (1).”
10
Insert the following new Clause—

“Monitoring of and training for investigations into deaths of service personnel

(1)
The Chief Coroner must—

(a)
monitor investigations under this Part into service deaths;

(b)
secure that coroners conducting such investigations are suitably

trained to do so.

(2)
In this section “service death” means the death of a person who at the time

of the death 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.”
Clause 20
11
Page 13, line 43, leave out from “consequence” to end and insert “of—

(a)
provision made by regulations under this Chapter or by Coroners

regulations, or

(b)
provision contained in, or made by regulations under, Part 2 of the

1953 Act as amended by Part 1 of Schedule 19 to this Act.”
After Clause 20
12
Insert the following new Clause—

“National Medical Examiner

(1)
The Secretary of State may appoint a person as National Medical Examiner.

(2)
The National Medical Examiner is to have—

(a)
the function of issuing guidance to medical examiners with a view

to securing that they carry out their functions in an effective and

proportionate manner;

(b)
any further functions conferred by regulations made by the

Secretary of State.

(3)
Before appointing a person as National Medical Examiner or making

regulations under subsection (2)(b), the Secretary of State must consult the

Welsh Ministers.

(4)
A person may be appointed as the National Medical Examiner only if, at

the time of the appointment, he or she—

(a)
is a registered medical practitioner and has been throughout the

previous 5 years, and

(b)
practises as such or has done within the previous 5 years.

(5)
The appointment of a person as National Medical Examiner is to be on

whatever terms and conditions the Secretary of State thinks appropriate.

4

(6)
The Secretary of State may pay to the National Medical Examiner—

(a)
amounts determined by the Secretary of State by way of

remuneration or allowances;

(b)
amounts determined by the Secretary of State towards expenses

incurred in performing functions as such.

(7)
The National Medical Examiner may amend or revoke any guidance issued

under subsection (2)(a).

(8)
The National Medical Examiner must consult the Welsh Ministers before

issuing, amending or revoking any such guidance.

(9)
Medical examiners must have regard to any such guidance in carrying out

their functions.”
Clause 21
13
Leave out Clause 21
After Clause 24
14
Insert the following new Clause—

“Chapter

Investigations concerning treasure

Coroner for Treasure and Assistant Coroners for Treasure

Schedule (Coroner for Treasure and Assistant Coroners for Treasure) makes

provision about the appointment etc of the Coroner for Treasure and

Assistant Coroners for Treasure.”
15
Insert the following new Clause—

“Investigations concerning treasure

(1)
The Coroner for Treasure must conduct an investigation concerning an

object in respect of which notification is given under section 8(1) of the

Treasure Act 1996 (c. 24).

(2)
The Coroner for Treasure may conduct an investigation concerning an

object in respect of which notification has not been given under that section

if he or she has reason to suspect that the object is treasure.

(3)
The Coroner for Treasure may conduct an investigation concerning an

object if he or she has reason to suspect that the object is treasure trove.

(4)
Subsections (1) to (3) are subject to section (Exception to duty to investigate).

(5)
The purpose of an investigation under this section is to ascertain—

(a)
whether or not the object in question is treasure or treasure trove;

(b)
if it is treasure or treasure trove, who found it, where it was found

and when it was found.

(6)
Senior coroners, area coroners and assistant coroners have no functions in

relation to objects that are or may be treasure or treasure trove.

5


This is subject to paragraph 11 of Schedule (Coroner for Treasure and

Assistant Coroners for Treasure) (which enables an assistant coroner acting as

an Assistant Coroner for Treasure to perform functions of the Coroner for

Treasure).”
16
Insert the following new Clause—

“Inquests concerning treasure

(1)
The Coroner for Treasure may, as part of an investigation under section

(Investigations concerning treasure), hold an inquest concerning the object in

question (a “treasure inquest”).

(2)
A treasure inquest must be held without a jury, unless the Coroner for

Treasure thinks there is sufficient reason for it to be held with a jury.

(3)
In relation to a treasure inquest held with a jury, sections 8 and 9 apply with

the following modifications—

(a)
a reference to a senior coroner is to be read as a reference to the

Coroner for Treasure;

(b)
the reference in section 8(3) to the death of the deceased is to be read

as a reference to the matters mentioned in section (Investigations

concerning treasure)(5).”
17
Insert the following new Clause—

“Outcome of investigations concerning treasure

Where the Coroner for Treasure has conducted an investigation under

section (Investigations concerning treasure), a determination as to the

question mentioned in subsection (5)(a) of that section, and (where

applicable) the questions mentioned in subsection (5)(b) of that section,

must be made—

(a)
by the Coroner for Treasure after considering the evidence (where

an inquest is not held),

(b)
by the Coroner for Treasure after hearing the evidence (where an

inquest is held without a jury), or

(c)
by the jury after hearing the evidence (where an inquest is held with

a jury).”
18
Insert the following new Clause—

“Exception to duty to investigate

(1)
Where the Coroner for Treasure is conducting, or proposes to conduct, an

investigation under section (Investigations concerning treasure) concerning—

(a)
an object that would vest in the Crown under the Treasure Act 1996

(c. 24) if the object was in fact treasure and there were no prior

interests or rights, or

(b)
an object that would belong to the Crown under the law relating to

treasure trove if the object was in fact treasure trove,


the Secretary of State may give notice to the Coroner for Treasure

disclaiming, on behalf of the Crown, any title that the Crown may have to

the object.

6

(2)
Where the Coroner for Treasure is conducting, or proposes to conduct, an

investigation under section (Investigations concerning treasure) concerning—

(a)
an object that would vest in the franchisee under the Treasure Act

1996 (c. 24) if the object was in fact treasure and there were no prior

interests or rights, or

(b)
an object that would belong to the franchisee under the law relating

to treasure trove if the object was in fact treasure trove,


the franchisee may give notice to the Coroner for Treasure disclaiming any

title that the franchisee may have to the object.

(3)
A notice under subsection (1) or (2) may be given only before the making

of a determination under section (Outcome of investigations concerning

treasure).

(4)
Where a notice is given under subsection (1) or (2)—

(a)
the object is to be treated as not vesting in or belonging to the

Crown, or (as the case may be) the franchisee, under the Treasure

Act 1996 (c. 24), or the law relating to treasure trove;

(b)
the Coroner for Treasure may not conduct an investigation

concerning the object under section (Investigations concerning

treasure) or, if an investigation has already begun, may not continue

with it;

(c)
without prejudice to the interests or rights of others, the object may

be delivered to a person in accordance with a code of practice

published under section 11 of the Treasure Act 1996 (c. 24).

(5)
For the purposes of this section the franchisee, in relation to an object, is the

person who—

(a)
was, immediately before the commencement of section 4 of the

Treasure Act 1996 (c. 24), or

(b)
apart from that Act, as successor in title, would have been,


the franchisee of the Crown in right of treasure trove for the place where

the object was found.”
19
Insert the following new Clause—

“Duty to notify Coroner for Treasure etc of acquisition of certain objects

(1)
After section 8 of the Treasure Act 1996 (c. 24) there is inserted—

“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) or 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 the person acquires property in the object; or

(b)
if later, the day on which the person first believes or has

reason to believe—

7

(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 51 weeks;

(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 that 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 an Assistant Coroner for Treasure.

(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)
For the purposes of an investigation in relation to an object in

respect of which notification has been given under subsection (1),

the object is to be presumed, in the absence of evidence to the

contrary, to have been found in England and Wales after the

commencement of section 4.

(9)
This section has effect subject to section 8B.

(10)
In this section “investigation” means an investigation under section

(Investigations concerning treasure) of the Coroners and Justice Act

2009.

(11)
In its application to Northern Ireland this section has effect as if—

(a)
in subsection (1), for “Coroner for Treasure” there were

substituted “coroner for the district in which the object is

located”;

(b)
in subsection (3)(b), for “investigation” there were

substituted “inquest”;

(c)
in subsection (4)(a), for “51 weeks” there were substituted

“three months”;

(d)
in subsection (5), for “Coroner for Treasure” there were

substituted “coroner”;

(e)
in subsection (6), for the words from “Coroner for Treasure”

to “Assistant Coroner for Treasure” there were substituted

“coroner for a district is vacant, the person acting as coroner

for that district is the coroner for the purposes of subsection

(1)”;