Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

44
181
Page 182, line 30, at end insert—

  “(1A)
After sub-paragraph (1) of paragraph 1 insert—

“(1A)
Sub-paragraph (1B) applies if a circuit judge or a District Judge

(Magistrates’ Courts) is satisfied by information on oath

supplied by the Commissioner that a data controller has failed

to comply with a requirement imposed by an assessment

notice.

    (1B)
The judge may, for the purpose of enabling the Commissioner

to determine whether the data controller has complied or is

complying with the data protection principles, grant a warrant

to the Commissioner in relation to any premises that were

specified in the assessment notice; but this is subject to sub-

paragraph (2) and paragraph 2.””
182
Page 182, line 31, leave out “In paragraph 1(3)” and insert “In sub-paragraph (3) of

that paragraph—

(a)
for “sub-paragraph (1)” substitute “this Schedule”, and”
183
Page 182, line 38, leave out from “which” to end of line 39 and insert “—

(i)
in the case of a warrant issued under sub-paragraph (1),

may be such evidence as is mentioned in that paragraph;

(ii)
in the case of a warrant issued under sub-paragraph (1B),

may enable the Commissioner to determine whether the

data controller has complied or is complying with the

data protection principles;”
184
Page 183, line 5, at end insert—

    “( )
After sub-paragraph (1) of paragraph 2 insert—

“(1A)
In determining whether the Commissioner has given an

occupier the seven days’ notice referred to in sub-paragraph

(1)(a) any assessment notice served on the occupier is to be

disregarded.”

      ( )
In paragraph 5 for “evidence in question would not be found” substitute

“object of the warrant would be defeated”.”
Schedule 19
185
Page 191, line 14, at end insert—

“
After section 33 insert—

“33A
Short certificate of death

(1)
Any person shall—

(a)
on furnishing the prescribed particulars, and

(b)
on payment of such fee as may be specified in regulations

made by the Minister by statutory instrument,


be entitled to obtain from the Registrar General, a superintendent

registrar or a registrar a short certificate of the death of any

person.

(2)
Any such certificate shall be in the prescribed form and shall be

compiled in the prescribed manner from the records and

45

registers in the custody of the Registrar General, or from the

registers in the custody of the superintendent registrar or

registrar, as the case may be, and shall contain such particulars as

may be prescribed.

(3)
A statutory instrument containing regulations under subsection

(1)(b) of this section shall be subject to annulment in pursuance

of a resolution of either House of Parliament.””
186
Page 192, line 27, at end insert—

““Coroner for Treasure.””
187
Page 192, line 35, at end insert—

““Coroner for Treasure.””
188
Page 193, line 26, at end insert—

““Coroner for Treasure””
189
Page 194, line 36, leave out from “see” to “in” in line 37 and insert “Chapter

(Investigations concerning treasure) of Part 1 of the Coroners and Justice Act 2009

(which confers jurisdiction on the Coroner for Treasure”
190
Page 195, line 1, leave out sub-paragraphs (2) to (4) and insert—

    “(2)
In subsection (1), for “coroner for the district in which the object was

found” there is substituted “Coroner for Treasure”.

      (3)
In subsection (4), for “coroner” there is substituted “Coroner for

Treasure”.

      (4)
For subsection (5) there is substituted—

“(5)
If the office of Coroner for Treasure is vacant, notification under

subsection (1) must be given to an Assistant Coroner for

Treasure.”

      (5)
After that subsection there is inserted—

“(6)
This section has effect subject to section 8B.

(7)
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

was found”;

(b)
in subsection (4), for “Coroner for Treasure” there were

substituted “coroner”; and

(c)
in subsection (5), for the words from “Coroner for

Treasure” to the end 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).””
191
Page 195, line 18, at end insert—

“
After section 8A (inserted by section (Duty to notify Coroner for Treasure

etc of acquisition of certain objects) of this Act) there is inserted—

“8B
Notice under section 8 or 8A to designated officer

(1)
A requirement under section 8 or 8A to give a notification to the

Coroner for Treasure (or an Assistant Coroner for Treasure) may,

if the relevant place falls within an area for which there is a

46

designated officer, be complied with by giving the notification to

that officer.

(2)
A designated officer must notify the Coroner for Treasure of all

notifications given under subsection (1).

(3)
If the office of Coroner for Treasure is vacant, notification under

subsection (2) must be given to an Assistant Coroner for

Treasure.

(4)
In this section—

“designated officer” means an officer designated by an

order made by statutory instrument by the Secretary of

State;

“the relevant place” means—

(a)
in relation to a requirement under section 8, the

place where the object in question was found;

(b)
in relation to a requirement under section 8A, the

place where the treasure in question is located.

(5)
A statutory instrument containing an order under this section

shall be subject to annulment in pursuance of a resolution of

either House of Parliament.

(6)
In its application to Northern Ireland this section has effect as if—

(a)
in subsection (1), for “the Coroner for Treasure (or an

Assistant Coroner for Treasure)” there were substituted

“a coroner”;

(b)
in subsection (2), for “Coroner for Treasure” there were

substituted “coroner for the district in which the relevant

place falls”;

(c)
in subsection (3), 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 (2)”.

8C
Offences under section 8 or 8A: period for bringing proceedings

(1)
Proceedings for an offence under section 8 or 8A 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 the prosecutor’s 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 the evidence referred to in that

subsection came to the prosecutor’s knowledge shall be

conclusive evidence to that effect; and

(b)
a certificate to that effect and purporting to be so signed

shall be deemed to be so signed unless the contrary is

proved.”
192
Page 195, line 21, leave out “a senior coroner” and insert “the Coroner for Treasure”
193
Page 195, line 30, leave out “senior coroner” and insert “Coroner for Treasure”

47
194
Page 195, line 33, leave out “senior coroner” and insert “Coroner for Treasure”
195
Page 195, line 39, leave out “senior coroner” and insert “Coroner for Treasure”
196
Page 196, line 5, leave out “section 21” and insert “section (Investigations concerning

treasure)”
197
Page 198, leave out lines 15 to 18 and insert—

“Coroner for Treasure
Paragraph 1 of Schedule (Coroner

for Treasure and Assistant Coroners

for Treasure) to the Coroners and

Justice Act 2009

Deputy Chief Coroner
Paragraph 2(5) of Schedule 7 to

the Coroners and Justice Act 2009”

198
Page 198, line 20, at end insert—

“Criminal Justice Act 2003 (c. 44)


In Schedule 21 to the Criminal Justice Act 2003 (determination of

minimum term in relation to mandatory life sentence), in paragraph

11—

(a)
in paragraph (d) omit “in a way not amounting to a defence of

provocation”, and

(b)
in paragraph (e), after “self-defence” insert “or in fear of

violence”.”
199
Page 201, line 26, at end insert—

“Part 3A

Abolition of common law libel offences etc

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

61A(1)
In section 1 of the Criminal Libel Act 1819 (power of court to make order

for seizure of copies of libel)—

(a)
after “In every case” insert “in Northern Ireland”;

(b)
omit from “, or any seditious libel” to “means”.

      (2)
This paragraph does not extend to Scotland.

Libel Act 1843 (c. 96)

61B
In section 7 of the Libel Act 1843 (evidence to rebut prima facie case of

publication by agent)—

(a)
after “Whensoever” insert “in Northern Ireland”;

(b)
before “libel” insert “blasphemous”.

48

Newspaper Libel and Registration Act 1881 (c. 60)

61C
In section 4 of the Newspaper Libel and Registration Act 1881 (inquiry

by court of summary jurisdiction as to libel being for public benefit

etc)—

(a)
after “jurisdiction” insert “in Northern Ireland”;

(b)
before “libel” (in first place it occurs) insert “blasphemous”;

(c)
omit from “as to the publication” to “malice, and”.

Law of Libel Amendment Act 1888 (c. 64)

61D
In section 8 of the Law of Libel Amendment Act 1888 (order of Judge

required for prosecution of newspaper proprietor etc)—

(a)
after “commenced” insert “in Northern Ireland”;

(b)
before “libel” insert “blasphemous”.”
200
Page 201, leave out lines 32 to 36 and insert—

““(2F)
The powers of the Court of Appeal to make, discharge or vary a witness

anonymity order under Chapter 2 of Part 3 of the Coroners and Justice

Act 2009 may be exercised by a single judge in the same manner as they

may be exercised by the Court.””
201
Page 202, line 3, leave out from “2009” to “80” in line 4 and insert—

“(l)
to discharge or vary a witness anonymity order under any of

sections 78, 79 and”
202
Page 202, leave out lines 8 to 12 and insert—

““(3E)
Subject to section 44(4) above, the powers of the Court of Appeal to

make, discharge or vary a witness anonymity order under Chapter 2 of

Part 3 of the Coroners and Justice Act 2009 may be exercised by a single

judge of the Court.””
203
Page 205, line 26, leave out sub-paragraph (2) and insert—

    “(2)
In section 34 (disqualification for certain offences), after subsection (4A)

insert—

“(4AA)
For the purposes of subsection (4)(b), a disqualification is to be

disregarded if the period of disqualification would have been

less than 56 days but for an extension period added pursuant

to—

(a)
section 35A or 35B,

(b)
section 248D of the Criminal Procedure (Scotland) Act

1995, or

(c)
section 147A of the Powers of Criminal Courts

(Sentencing) Act 2000.””
204
Page 206, line 47, leave out sub-paragraph (6) and insert—

    “(6)
In section 35 (disqualification for repeated offences)—

(a)
in subsection (2), in the words following paragraph (b), after

“offender is” insert “, subject to subsection (2A),”, and

(b)
after subsection (2) insert—

“(2A)
A previous disqualification imposed on an offender for a

fixed period is not to be taken into account for the

49

purposes of subsection (2) if that period would have been

less than 56 days but for an extension period added

pursuant to—

(a)
section 35A or 35B,

(b)
section 248D of the Criminal Procedure (Scotland)

Act 1995, or

(c)
section 147A of the Powers of Criminal Courts

(Sentencing) Act 2000.””
205
Page 206, line 49, leave out sub-paragraph (7) and insert—

    “(7)
In section 37 (effect of order of disqualification)—

(a)
in subsection (1A)(a), after “56 days” insert “(disregarding any

extension period)”,

(b)
in subsection (1A), after “period of disqualification” insert

“(including any extension period)”, and

(c)
after subsection (1A) insert—

“(1B)
In subsection (1A) “extension period” means an extension

period added pursuant to—

(a)
section 35A or 35B,

(b)
section 248D of the Criminal Procedure (Scotland)

Act 1995, or

(c)
section 147A of the Powers of Criminal Courts

(Sentencing) Act 2000.””
206
Page 207, line 5, leave out sub-paragraph (8) and insert—

    “(8)
In section 42 (removal of disqualification)—

(a)
in subsection (3)—

(i)
for “the date of the order by which the disqualification

was imposed” substitute “the relevant date”,

(ii)
in paragraph (a), after “four years” insert “(disregarding

any extension period)”, and

(iii)
in paragraph (b), for “period of disqualification, if it is”

substitute “period of disqualification (disregarding any

extension period), if the disqualification is (disregarding

any extension period)”,

(b)
after subsection (3) insert—

“(3A)
In subsection (3) “the relevant date” means—

(a)
the date of the order imposing the disqualification

in question, or

(b)
if the period of the disqualification is extended by

an extension period, the date in paragraph (a)

postponed by a period equal to that extension

period.”, and

(c)
after subsection (3A) (as inserted by paragraph (b)), insert—

“(3B)
“Extension period” means an extension period added

pursuant to—

(a)
section 35A or 35B,

(b)
section 248D of the Criminal Procedure (Scotland)

Act 1995, or

50

(c)
section 147A of the Powers of Criminal Courts

(Sentencing) Act 2000.””
207
Page 207, line 23, leave out sub-paragraph (9) and insert—

    “(9)
In section 47 (supplementary provisions as to disqualification and

endorsements)—

(a)
in subsection (2) (as substituted by paragraph 44(2) of Schedule 3

to the Road Safety Act 2006 (c. 49)), after “or more” insert

“(disregarding any extension period)”, and

(b)
after subsection (2), insert—

“(2ZA)
In subsection (2) “extension period” means an extension

period added pursuant to—

(a)
section 35A or 35B,

(b)
section 248D of the Criminal Procedure (Scotland)

Act 1995, or

(c)
section 147A of the Powers of Criminal Courts

(Sentencing) Act 2000.””
208
Page 207, line 35, after “40A” insert “or Article 91A of the Criminal Justice

(Northern Ireland) Order 2008 (S.I. 2008/1216 (N. I. 1))”
209
Page 209, line 11, after “40A” insert “or Article 91A of the Criminal Justice

(Northern Ireland) Order 2008 (S.I. 2008/1216 (N. I. 1))”
210
Page 209, line 12, leave out sub-paragraph (7) and insert—

    “(7)
In Article 42 (effect of order of disqualification)—

(a)
in paragraph (2)(a), after “56 days” insert “(disregarding any

extension period)”,

(b)
in paragraph (2), after “period of disqualification” insert

“(including any extension period)”, and

(c)
after paragraph (2) insert—

“(2A)
In paragraph (2) “extension period” means an extension

period added pursuant to—

(a)
Article 40A,

(b)
Article 8A of the Criminal Justice (Northern

Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), or

(c)
Article 91A of the Criminal Justice (Northern

Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).””
211
Page 209, line 17, leave out sub-paragraph (8) and insert—

    “(8)
In Article 47 (removal of disqualification)—

(a)
in paragraph (3)—

(i)
for “the date of the order by which the disqualification

was imposed” substitute “the relevant date”,

(ii)
in sub-paragraph (a), after “4 years” insert “(disregarding

any extension period)”, and

(iii)
in sub-paragraph (b), for “period of disqualification, if it

is” substitute “period of disqualification (disregarding

any extension period), if the disqualification is

(disregarding any extension period)”,

(b)
after paragraph (3) insert—