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Session 2008 - 09
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Other Bills before Parliament

Coroners and Justice Bill


 
 

30

 

Clause 164

112

Page 110, line 30, at end insert—

 

“( )    

paragraph 3A of Schedule 1;”

113

Page 110, line 31, leave out “5,”

114

Page 110, line 38, at end insert—

 

“( )    

section (Slavery, servitude and forced or compulsory labour);”

115

Page 110, line 38, at end insert—

 

“( )    

section (Abolition of common law libel offences etc);”

116

Page 110, line 42, after “14(2)” insert “, 38A”

117

Page 111, line 3, leave out “6,”

118

Page 111, line 17, at end insert—

 

“( )    

In section 79(3) of the International Criminal Court Act 2001 (c. 17) (power

 

to extend provisions of that Act to Channel Islands, Isle of Man etc) the

 

reference to that Act includes a reference to that Act as amended by section

 

(Genocide, crimes against humanity and war crimes).”

Clause 165

119

Page 111, line 26, leave out paragraph (b)

120

Page 111, line 29, at end insert—

 

“( )    

section (Damages-based agreements relating to employment matters);”

121

Page 111, line 37, leave out sub-paragraphs (i) and (ii)

122

Page 112, line 8, at end insert—

 

“( )    

section (Abolition of common law libel offences etc);”

123

Page 112, line 9, at end insert—

 

“( )    

Part 3A of Schedule 19 (and section 160(1) so far as relating to that

 

Part);”

124

Page 112, line 11, at end insert—

 

“( )    

in Part 2 of Schedule 21, the repeals relating to the following Acts—

 

(i)    

Libel Act 1792 (c. 60);

 

(ii)    

Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8);

 

(iii)    

Libel Act 1843 (c. 96);

 

(iv)    

Newspaper Libel and Registration Act 1881 (c. 60);

 

(v)    

Law of Libel Amendment Act 1888 (c. 64);

 

(vi)    

Defamation Act 1952 (c. 66);

 

(vii)    

Theatres Act 1968 (c. 54);

 

(viii)    

Broadcasting Act 1990 (c. 42);

 

(ix)    

Criminal Procedure and Investigations Act 1996 (c. 25);

 

(x)    

Defamation Act 1996 (c. 31);

 

(xi)    

Legal Deposit Libraries Act 2003 (c. 28);

 

    

and section 161 so far as relating to those repeals.”

125

Page 112, line 23, after “20,” insert “(National Medical Examiner),”


 
 

31

 

Schedule 1

126

Page 114, line 25, after “(c. 52)” insert “(or section 70 of the Army Act 1955

 

(3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or

 

section 42 of the Naval Discipline Act 1957 (c. 53))”

127

Page 115, line 30, after “if” insert “(a)”

128

Page 115, line 33, at end insert “, and

 

(b)    

a senior judge has been appointed under that Act as chairman of

 

the inquiry.

 

            

In paragraph (b) “senior judge” means a judge of the High Court or the

 

Court of Appeal or a Justice of the Supreme Court.”

129

Page 115, line 44, at end insert—

 

“3A(1)  

This paragraph applies where an investigation is suspended under

 

paragraph 3 on the basis that the cause of death is likely to be adequately

 

investigated by an inquiry under the Inquiries Act 2005 (c. 12).

 

      (2)  

The terms of reference of the inquiry must be such that it has as its

 

purpose, or among its purposes, the purpose set out in section 5(1) above

 

(read with section 5(2) where applicable); and section 5 of the Inquiries

 

Act 2005 (c. 12) has effect accordingly.”

130

Page 119, line 1, leave out “six” and insert “seven”

Before Schedule 4

131

Insert the following new Schedule—

 

“Coroner for Treasure and Assistant Coroners for Treasure

 

Part 1

 

Appointment, qualifications and terms of office of Coroner for Treasure

 

Appointment

 

1          

The Lord Chancellor may appoint a person as the Coroner for Treasure.

 

Qualifications

 

2          

To be eligible for appointment as the Coroner for Treasure, a person

 

must—

 

(a)    

be under the age of 70, and

 

(b)    

satisfy the judicial-appointment eligibility condition on a 5-year

 

basis.

 

Vacation or termination of office

 

3          

The Coroner for Treasure must vacate office on reaching the age of 70.

 

4          

The Coroner for Treasure may resign office by giving notice to the Lord

 

Chancellor.

 

            

But the resignation does not take effect unless and until it is accepted by

 

the Lord Chancellor.


 
 

32

 
 

5    (1)  

The Lord Chancellor may, with the agreement of the Lord Chief Justice,

 

remove the Coroner for Treasure from office for incapacity or

 

misbehaviour.

 

      (2)  

The Lord Chief Justice may nominate a judicial office holder (as defined

 

in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise

 

the functions of the Lord Chief Justice under sub-paragraph (1).

 

Remuneration, allowances and expenses

 

6    (1)  

The Lord Chancellor may pay to the Coroner for Treasure amounts

 

determined by the Lord Chancellor by way of remuneration or

 

allowances.

 

      (2)  

The Lord Chancellor may pay to the Coroner for Treasure amounts

 

determined by the Lord Chancellor towards expenses incurred by the

 

Coroner for Treasure in performing functions as such.

 

Part 2

 

Designation and remuneration of Assistant Coroners for Treasure

 

Designation

 

7          

The Chief Coroner may designate one or more assistant coroners to act

 

as Assistant Coroners for Treasure.

 

8          

A person who is designated under paragraph 7 to act as an Assistant

 

Coroner for Treasure may act as such for so long as the designation

 

continues to have effect.

 

9          

A person’s designation under that paragraph ceases to have effect—

 

(a)    

when the person ceases to be an assistant coroner;

 

(b)    

if earlier, when the designation is terminated by notice given—

 

(i)    

by the person to the Chief Coroner, or

 

(ii)    

by the Chief Coroner to the person.

 

Remuneration, allowances and expenses

 

10  (1)  

The Lord Chancellor may pay to an Assistant Coroner for Treasure

 

amounts determined by the Lord Chancellor by way of remuneration or

 

allowances.

 

      (2)  

The Lord Chancellor may pay to an Assistant Coroner for Treasure

 

amounts determined by the Lord Chancellor towards expenses incurred

 

by the Assistant Coroner for Treasure in performing functions as such.

 

Part 3

 

Miscellaneous

 

Functions of Assistant Coroners for Treasure

 

11  (1)  

An Assistant Coroner for Treasure may perform any functions of the

 

Coroner for Treasure—

 

(a)    

during a period when the Coroner for Treasure is absent or

 

unavailable;


 
 

33

 
 

(b)    

during a vacancy in the office of Coroner for Treasure;

 

(c)    

at any other time, with the consent of the Coroner for Treasure.

 

      (2)  

Accordingly a reference in this Part of this Act to the Coroner for

 

Treasure is to be read, where appropriate, as including an Assistant

 

Coroner for Treasure.

 

Staff

 

12  (1)  

The Lord Chancellor may appoint staff to assist the Coroner for Treasure

 

and any Assistant Coroners for Treasure in the performance of their

 

functions.

 

      (2)  

Such staff are to be appointed on whatever terms and conditions the

 

Lord Chancellor thinks appropriate.”

Schedule 4

132

Page 125, line 27, at end insert—

 

    “(8)  

A reference in this paragraph to a senior coroner is to be read as

 

including the Coroner for Treasure.

 

            

As it applies in relation to the Coroner for Treasure, this paragraph has

 

effect with the omission of sub-paragraph (7).”

133

Page 125, line 40, leave out “in writing”

134

Page 126, line 19, at end insert—

 

    “(6)  

A reference in this paragraph to a senior coroner is to be read as

 

including the Coroner for Treasure.

 

            

As it applies in relation to the Coroner for Treasure, this paragraph has

 

effect with the omission of sub-paragraphs (1)(b) and (5).”

135

Page 126, line 19, at end insert—

 

“3A(1)  

The person by whom an authorisation under paragraph 3(1) is given

 

must make a record—

 

(a)    

setting out the reasons for the suspicion referred to in paragraph

 

3(2)(a);

 

(b)    

specifying which of the conditions in paragraph 3(3) is met.

 

      (2)  

Where the authorisation is given by a senior coroner nominated under

 

paragraph 3(1)(b), that coroner must give the record made under this

 

paragraph to the Chief Coroner.

 

      (3)  

The Chief Coroner must retain a record made this paragraph until the

 

Chief Coroner has given to the Lord Chancellor the report under section

 

29 for the calendar year in which the authorisation in question was

 

given.”

136

Page 127, line 15, leave out “(criminal conduct)” and insert “(or section 70 of the

 

Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2

 

c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53))”

137

Page 127, line 27, leave out first “may” and insert “must”


 
 

34

 

Schedule 5

138

Page 128, line 25, after “coroner” insert “, or (as the case may be) the Coroner for

 

Treasure,”

139

Page 128, line 36, after “coroner” insert “, or (as the case may be) the Coroner for

 

Treasure,”

140

Page 129, line 14, after “coroner” insert “or the Coroner for Treasure”

141

Page 129, line 35, after “coroner” insert “or the Coroner for Treasure”

Schedule 6

142

Page 130, line 25, at end insert “or, where appropriate, the Coroner for Treasure”

143

Page 130, line 29, at end insert “or the Coroner for Treasure”

144

Page 131, line 33, leave out or “by a judge” and insert “the Coroner for Treasure or

 

by a judge, former judge or former coroner”

145

Page 131, line 42, at end insert—

 

    “( )  

A reference in this paragraph to meeting or reimbursing expenses

 

incurred by a person (“P”) includes a reference to indemnifying P in

 

respect of—

 

(a)    

costs that P reasonably incurs in or in connection with

 

proceedings in respect of things done or omitted in the exercise

 

(or purported exercise) by P of duties under this Part of this Act;

 

(b)    

costs that P reasonably incurs in taking steps to dispute claims

 

that might be made in such proceedings;

 

(c)    

damages awarded against P, or costs ordered to be paid by P, in

 

such proceedings;

 

(d)    

sums payable by P in connection with a reasonable settlement of

 

such proceedings or of claims that might be made in such

 

proceedings.”

Schedule 7

146

Page 132, line 33, after second “judge” insert “, the Coroner for Treasure”

147

Page 133, line 3, at end insert “or the Coroner for Treasure”

148

Page 133, line 12, after “coroner” insert “or the Coroner for Treasure”

149

Page 134, line 5, at end insert—

 

“          

A reference in paragraph 5 or 6 to paying expenses incurred by a person

 

(“P”) includes a reference to indemnifying P in respect of—

 

(a)    

costs that P reasonably incurs in or in connection with

 

proceedings in respect of things done or omitted in the exercise

 

(or purported exercise) by P of duties under this Part;

 

(b)    

costs that P reasonably incurs in taking steps to dispute claims

 

that might be made in such proceedings;

 

(c)    

damages awarded against P, or costs ordered to be paid by P, in

 

such proceedings;

 

(d)    

sums payable by P in connection with a reasonable settlement of

 

such proceedings or of claims that might be made in such

 

proceedings.”


 
 

35

 

Before Schedule 8

150

Insert the following new Schedule—

 

“Medical adviser and Deputy medical advisers to the Chief Coroner

 

Appointment and functions of Medical Adviser to the Chief Coroner

 

1          

The Lord Chancellor may appoint a person as Medical Adviser to the

 

Chief Coroner (“the Medical Adviser”) to provide advice and assistance

 

to the Chief Coroner as to medical matters in relation to the coroner

 

system.

 

Appointment and functions of Deputy Medical Advisers to the Chief Coroner

 

2    (1)  

The Lord Chancellor may appoint however many Deputy Medical

 

Advisers to the Chief Coroner (“Deputy Medical Advisers”) the Lord

 

Chancellor thinks appropriate.

 

      (2)  

A Deputy Medical Adviser may perform any functions of the Medical

 

Adviser—

 

(a)    

during a period when the Medical Adviser is absent or

 

unavailable;

 

(b)    

during a vacancy in the office of Medical Adviser;

 

(c)    

at any other time, with the consent of the Medical Adviser.

 

Qualification for appointment

 

3          

A person may be appointed as the Medical Adviser or as a Deputy

 

Medical Adviser 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.

 

Consultation before making appointment

 

4          

Before appointing a person as the Medical Adviser or as a Deputy

 

Medical Adviser, the Lord Chancellor must consult—

 

(a)    

the Chief Coroner, and

 

(b)    

the Welsh Ministers.

 

Terms and conditions of appointment

 

5          

The appointment of a person as the Medical Adviser or as a Deputy

 

Medical Adviser is to be on whatever terms and conditions the Lord

 

Chancellor thinks appropriate.

 

Remuneration, allowances and expenses

 

6    (1)  

The Lord Chancellor may pay to the Medical Adviser—

 

(a)    

amounts determined by the Lord Chancellor by way of

 

remuneration or allowances;

 

(b)    

amounts determined by the Lord Chancellor towards expenses

 

incurred in performing functions as such.

 

      (2)  

The Lord Chancellor may pay to a Deputy Medical Adviser—


 
 

36

 
 

(a)    

amounts determined by the Lord Chancellor by way of

 

remuneration or allowances;

 

(b)    

amounts determined by the Lord Chancellor towards expenses

 

incurred by that Deputy Medical Adviser in performing

 

functions as such.”

Schedule 8

151

Page 134, line 31, at end insert—

 

“Investigation by Coroner for Treasure

 

    (1)  

The Chief Coroner may direct the Coroner for Treasure to conduct an

 

investigation into a person’s death.

 

      (2)  

Where a direction is given under this paragraph—

 

(a)    

the Coroner for Treasure must conduct the investigation;

 

(b)    

the Coroner for Treasure has the same functions in relation to the

 

body and the investigation as would be the case if he or she were

 

a senior coroner in whose area the body was situated;

 

(c)    

no senior coroner, area coroner or assistant coroner has any

 

functions in relation to the body or the investigation.

 

      (3)  

Accordingly, a reference in a statutory provision (whenever made) to a

 

senior coroner is to be read, where appropriate, as including the Coroner

 

for Treasure exercising functions by virtue of this paragraph.”

Schedule 9

152

Page 138, line 19, leave out paragraphs 3 to 5

Schedule 13

153

Page 149, line 20, leave out “the following members”

154

Page 149, line 27, leave out from “appoint” to end of line 33 and insert—

 

“(a)    

a judicial member to chair the Council (“the chairing member”),

 

and

 

(b)    

another judicial member to chair the Council in the absence of the

 

chairing member.”

155

Page 149, line 35, leave out sub-paragraphs (1) and (2) and insert—

 

    “(1)  

A person is eligible for appointment as a judicial member if the person

 

is—

 

(a)    

a judge of the Court of Appeal,

 

(b)    

a puisne judge of the High Court,

 

(c)    

a Circuit judge,

 

(d)    

a District Judge (Magistrates’ Courts), or

 

(e)    

a lay justice.

 

      (2)  

The judicial members must include at least one Circuit judge, one

 

District Judge (Magistrates’ Courts) and one lay justice.”

156

Page 150, line 20, at end insert—

 

“(h)    

the rehabilitation of offenders”


 
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