Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

26

calculated in a prescribed manner, is to be construed

accordingly);

“claims management services” has the same meaning as in

Part 2 of the Compensation Act 2006 (see section 4(2) of that

Act).

(8)
Nothing in this section applies to an agreement entered into before

the coming into force of the first regulations made under subsection

(4).”

(3)
In section 120(4) (regulations and orders) after “58(4),” insert “58AA”.”
Clause 142
99
Page 91, line 44, leave out subsection (1) and insert—

“(1)
In this Part “relevant offence”, in relation to a person (“P”), means—

(a)
a serious offence by reason of which P is a qualifying offender,

(b)
a serious offence which was taken into consideration by a court in

determining the sentence imposed on P for an offence by reason of

which P is a qualifying offender, or

(c)
a serious offence committed by another person which is associated

with—

(i)
an offence by reason of which P is a qualifying offender, or

(ii)
an offence which was taken into consideration by a court in

determining the sentence imposed on P for such an offence.

(1A)
For this purpose an offence is “serious” if—

(a)
in the case of an offence under the law of England and Wales, it is

an offence which, if committed by an adult, is triable only on

indictment,

(b)
in the case of an offence under the law of Scotland, it is an offence

triable only on indictment,

(c)
in the case of an offence under the law of Northern Ireland, it is an

offence which, if committed by an adult, is triable only on

indictment,

(d)
in the case of a foreign offence, the act constituting the offence—

(i)
at the time it was done, would have constituted an offence

within paragraph (a), (b) or (c) if it had been done in any

part of the United Kingdom, and

(ii)
would also constitute such an offence if it were done in any

part of the United Kingdom at the time the application for

an exploitation proceeds order is made in respect of it.”
100
Page 92, line 30, at end insert—

“(4A)
Subsection (1A) does not apply in relation to a UK service offence or a

foreign service offence, and for the purposes of subsection (1) such an

offence is “serious” if—

(a)
in the case of a UK service offence—

(i)
the act constituting the offence is a serious offence within

subsection (1A)(a),

(ii)
the act constituting the offence, if done in England and

Wales, would be a serious offence within subsection (1A)(a),

or

27

(iii)
the offence is within subsection (4B);

(b)
in the case of a foreign service offence, the act constituting the

offence—

(i)
at the time it was done, would have constituted a serious

offence within subsection (1A) or an offence within

subsection (4B) if it had been done in any part of the United

Kingdom by a member of Her Majesty’s forces, and

(ii)
would also constitute such an offence if it were done in any

part of the United Kingdom by a member of Her Majesty’s

forces at the time the application for an exploitation

proceeds order is made in respect of it.

(4B)
An offence is within this subsection if it is an offence under—

(a)
section 24(1) of the AA 1955 or of the AFA 1955, section 2(1) of the

NDA 1957 or section 2(1) of the AFA 2006 (misconduct on

operations),

(b)
section 25 of the AA 1955 or of the AFA 1955, section 3 of the NDA

1957 or section 1 of the AFA 2006 (assisting an enemy),

(c)
section 26(1) of the AA 1955 or of the AFA 1955, section 4(1) of the

NDA 1957 or section 3 of the AFA 2006 (obstructing operations),

(d)
section 30(a) or (b) of the AA 1955 or of the AFA 1955, section 5(a)

or (b) of the NDA 1957 or section 4(1) or (2) of the AFA 2006

(looting),

(e)
section 31 of the AA 1955 or of the AFA 1955, section 9 of the NDA

1957 or section 6 of the AFA 2006 (mutiny), or

(f)
section 32 of the AA 1955 or of the AFA 1955, section 10 of the NDA

1957 or section 7 of the AFA 2006 (failure to suppress mutiny).”
101
Page 92, line 37, leave out subsection (6) and insert—

“( )
In this section—

“AA 1955” means the Army Act 1955 (3 & 4 Eliz. 2 c. 18);

“act” includes a failure to act (and references to the doing of an act are

to be read accordingly);

“AFA 1955” means the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);

“AFA 2006” means the Armed Forces Act 2006 (c. 52);

“foreign offence” has the same meaning as in section 139;

“foreign service offence”, “Her Majesty’s services” and “UK service

offence” have the same meaning as in section 140;

“NDA 1957” means the Naval Discipline Act 1957 (c. 53).”
Clause 145
102
Page 94, line 22, leave out from “offence” to “is” in line 23 and insert “or the family

of the victim”
Clause 147
103
Page 95, line 44, after “23” insert “, 23A”
Clause 149
104
Page 97, line 8, leave out paragraphs (a) and (b) and insert—

28

“(a)
the relevant offence is within paragraph (a) of section 142(1) and the

respondent’s conviction for it is subsequently quashed, or

(b)
the relevant offence is within paragraph (b) or (c) of that section and

the respondent’s conviction for the offence (or, if more than one, all

of the offences) by virtue of which the relevant offence is within

either of those paragraphs is (or are) subsequently quashed.”
Clause 156
105
Page 102, line 26, leave out “or”
106
Page 102, leave out line 29 and insert “or

(c)
a person of a description designated for the purposes of this section

by such an order.”
107
Page 103, leave out lines 20 to 46
108
Page 103, line 48, at end insert—

“(11A)
Where a public authority has been designated by an order under

subsection (2)(b) the Secretary of State must reconsider, at intervals of no

greater than 5 years, whether it continues to be appropriate for the

authority to be designated.

(11B)
The Secretary of State may not make an order under subsection (2)(c) which

designates a description of persons unless—

(a)
the Commissioner has made a recommendation that the description

be designated, and

(b)
the Secretary of State has consulted—

(i)
such persons as appear to the Secretary of State to represent

the interests of those that meet the description;

(ii)
such other persons as the Secretary of State considers

appropriate.

(11C)
The Secretary of State may not make an order under subsection (2)(c), and

the Commissioner may not make a recommendation under subsection

(11B)(a), unless the Secretary of State or (as the case may be) the

Commissioner is satisfied that it is necessary for the description of persons

in question to be designated having regard to—

(a)
the nature and quantity of data under the control of such persons,

and

(b)
any damage or distress which may be caused by a contravention by

such persons of the data protection principles.

(11D)
Where a description of persons has been designated by an order under

subsection (2)(c) the Secretary of State must reconsider, at intervals of no

greater than 5 years, whether it continues to be necessary for the

description to be designated having regard to the matters mentioned in

subsection (11C).”
109
Page 104, leave out lines 2 to 11
110
Page 104, line 18, at end insert—

29

“41AB
Assessment notices: limitations

(1)
A time specified in an assessment notice under section 41A(5) in relation to

a requirement must not fall, and a period so specified must not begin,

before the end of the period within which an appeal can be brought against

the notice, and if such an appeal is brought the requirement need not be

complied with pending the determination or withdrawal of the appeal.

(2)
If by reason of special circumstances the Commissioner considers that it is

necessary for the data controller to comply with a requirement in an

assessment notice as a matter of urgency, the Commissioner may include

in the notice a statement to that effect and a statement of the reasons for that

conclusion; and in that event subsection (1) applies in relation to the

requirement as if for the words from “within” to the end there were

substituted “of 7 days beginning with the day on which the notice is

served”.

(3)
A requirement imposed by an assessment notice does not have effect in so

far as compliance with it would result in the disclosure of—

(a)
any communication between a professional legal adviser and the

adviser’s client in connection with the giving of legal advice with

respect to the client’s obligations, liabilities or rights under this Act,

or

(b)
any communication between a professional legal adviser and the

adviser’s client, or between such an adviser or the adviser’s client

and any other person, made in connection with or in contemplation

of proceedings under or arising out of this Act (including

proceedings before the Tribunal) and for the purposes of such

proceedings.

(4)
In subsection (3) references to the client of a professional legal adviser

include references to any person representing such a client.

(5)
Nothing in section 41A authorises the Commissioner to serve an

assessment notice on—

(a)
a judge,

(b)
a body specified in section 23(3) of the Freedom of Information Act

2000 (bodies dealing with security matters), or

(c)
the Office for Standards in Education, Children’s Services and

Skills in so far as it is a data controller in respect of information

processed for the purposes of functions exercisable by Her

Majesty’s Chief Inspector of Eduction, Children’s Services and

Skills by virtue of section 5(1)(a) of the Care Standards Act 2000.

(6)
In this section “judge” includes —

(a)
a justice of the peace (or, in Northern Ireland, a lay magistrate),

(b)
a member of a tribunal, and

(c)
a clerk or other officer entitled to exercise the jurisdiction of a court

or tribunal;


and in this subsection “tribunal” means any tribunal in which legal

proceedings may be brought.”
Clause 159
111
Page 108, line 26, leave out “4,”