Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

8

(f)
in subsection (8), for “investigation” there were substituted

“inquest” and for “England and Wales” there were

substituted “Northern Ireland”;

(g)
in subsection (10), for ““investigation” means an

investigation under section (Investigation concerning

treasure) of the Coroners and Justice Act 2009” there were

substituted ““inquest” means an inquest held under section

7”.”

(2)
In section 10 of that Act (rewards), in subsection (5) (persons to whom

reward may be paid), at the end insert—

“(d)
any person who gave notice under section 8A in respect of

the treasure.”

(3)
In relation to an offence under section 8A of that Act (inserted by

subsection (1) above) committed before the commencement of section

280(2) of the Criminal Justice Act 2003 (c. 44), a reference in the inserted

section to 51 weeks is to be read as a reference to three months.”
20
Insert the following new Clause—

“Code of practice under the Treasure Act 1996

(1)
A code of practice under section 11 of the Treasure Act 1996 (c. 24) may

make provision to do with objects in respect of which notice is given under

section (Exception to duty to investigate)(1) or (2).

(2)
No civil liability on the part of the Coroner for Treasure arises where he or

she delivers an object, or takes any other action, in accordance with a code

of practice under section 11 of the Treasure Act 1996 (c. 24).”
Clause 25
21
Page 15, line 31, at end insert “and the Coroner for Treasure”
Clause 29
22
Page 16, line 21, at end insert—

“( )
the number and length of—

(i)
investigations in respect of which notification was given

under subsection (1)(a) or (b) of section (Investigations lasting

more than a year), and

(ii)
investigations that were not concluded or discontinued by

the end of the year and in respect of which notification was

given under subsection (1)(a) of that section in a previous

year,


as well as the reasons for the length of those investigations and the

measures taken with a view to keeping them from being

unnecessarily lengthy;”
23
Page 16, line 22, after “32(1),” insert “(2A),”
24
Page 16, line 23, at end insert—

“( )
the matters recorded under paragraph 3A of Schedule 4;”
25
Page 16, line 24, leave out “Schedule 4” and insert “that Schedule”

9

Clause 30
26
Page 16, line 36, at end insert—

“(aa)
the Coroner for Treasure and Assistant Coroners for Treasure;”
27
Page 16, line 38, at end insert “or (aa)”
After Clause 30
28
Insert the following new Clause—

“Medical Adviser and Deputy Medical Advisers to the Chief Coroner

Schedule (Medical Adviser and Deputy Medical Advisers to the Chief Coroner)

makes provision about the appointment etc of the Medical Adviser to the

Chief Coroner and Deputy Medical Advisers to the Chief Coroner.”
Clause 31
29
Page 17, line 17, after “coroner” insert “or the Coroner for Treasure”
30
Page 17, line 18, at end insert “or the Coroner for Treasure”
31
Page 17, line 36, after “coroner” insert “or the Coroner for Treasure”
Clause 32
32
Page 18, line 11, leave out “or (4)”
33
Page 18, line 16, leave out paragraph (k)
34
Page 18, line 19, at end insert—

“(2A)
An interested person may appeal to the Chief Coroner against a decision

made by the Coroner for Treasure (or an Assistant Coroner for Treasure) in

connection with—

(a)
an object that is or may be treasure or treasure trove, or

(b)
an investigation or inquest under Chapter (Investigations concerning

treasure) concerning such an object,


including a decision embodied in the determination of a question

mentioned in section (Investigations concerning treasure)(5)(a) or (b).”
35
Page 18, leave out line 21 and insert—

“(a)
a decision that falls within subsection (2), or

(b)
a decision of a kind mentioned in subsection (2A).”
Clause 33
36
Page 19, line 8, after first “or” insert “the Coroner for Treasure or”
After Clause 35
37
Insert the following new Clause—

10

“Treasure regulations

(1)
The Lord Chancellor may make regulations for regulating the practice and

procedure at or in connection with investigations under this Part

concerning objects that are or may be treasure or treasure trove (other than

the practice and procedure at or in connection with inquests concerning

such objects).


Regulations under this section are referred to in this Part as “Treasure

regulations”.

(2)
Treasure regulations may be made only if—

(a)
the Lord Chief Justice, or

(b)
a judicial office holder (as defined in section 109(4) of the

Constitutional Reform Act 2005 (c. 4)) nominated for the purposes

of this subsection by the Lord Chief Justice,


agrees to the making of the regulations.

(3)
Treasure regulations may make—

(a)
provision for the discharge of an investigation (including provision

as to fresh investigations following discharge);

(b)
provision for or in connection with the suspension or resumption of

investigations;

(c)
provision for the delegation by the Coroner for Treasure (or an

Assistant Coroner for Treasure) of any of his or her functions;

(d)
provision allowing information to be disclosed or requiring

information to be given;

(e)
provision giving to the Lord Chancellor or the Chief Coroner power

to require information from the Coroner for Treasure;

(f)
provision requiring a summary of specified information given to

the Chief Coroner by virtue of paragraph (e) to be included in

reports under section 29;

(g)
provision of the kind mentioned in paragraph (h) or (i) of section

35(3).


This subsection is not to be read as limiting the power in subsection (1).

(4)
Treasure regulations may apply any provisions of Coroners rules.

(5)
Where Treasure regulations apply any provisions of Coroners rules, those

provisions—

(a)
may be applied to any extent;

(b)
may be applied with or without modifications;

(c)
may be applied as amended from time to time.”
Clause 36
38
Page 20, line 45, after “32(1),” insert “(2A),”
39
Page 21, line 13, leave out from “delegation” to first “of” in line 14 and insert “by—

(i)
a senior coroner, area coroner or assistant coroner, or

(ii)
the Coroner for Treasure (or an Assistant Coroner for

Treasure),”
40
Page 21, line 19, leave out “a senior coroner” and insert “the Coroner for Treasure”
41
Page 21, line 24, at end insert “or the Coroner for Treasure”

11
42
Page 21, line 35, leave out subsection (4)
43
Page 21, line 38, leave out “to (4)” and insert “and (3)”
44
Page 21, line 40, at end insert—

“( )
any provisions of Treasure regulations;”
Clause 38
45
Page 22, line 40, leave out paragraph (l)
46
Page 23, line 20, leave out “section 21” and insert “Chapter (Investigations

concerning treasure)”
47
Page 23, line 31, leave out “senior coroner” and insert “Coroner for Treasure”
Clause 39
48
Page 23, line 38, at end insert—

““active service” means service in—

(a)
an action or operation against an enemy (within the

meaning given by section 374 of the Armed Forces Act 2006

(c. 52)),

(b)
an operation outside the British Islands for the protection of

life or property, or

(c)
the military occupation of a foreign country or territory;”
49
Page 23, line 44, at end insert—

““Assistant Coroner for Treasure” means an assistant coroner,

designated under paragraph 7 of Schedule (Coroner for Treasure and

Assistant Coroners for Treasure), acting in the capacity of Assistant

Coroner for Treasure;”
50
Page 24, line 9, at end insert—

““the Coroner for Treasure” means a person appointed under

paragraph 1 of Schedule (Coroner for Treasure and Assistant Coroners

for Treasure);”
51
Page 25, line 6, at end insert “(read without regard to any order under section 380

of that Act) and also includes an offence under—

(a)
Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or paragraph

4(6) of Schedule 5A to that Act,

(b)
Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or

paragraph 4(6) of Schedule 5A to that Act, or

(c)
Part 1 or section 47K of the Naval Discipline Act 1957 (c. 53)

or paragraph 4(6) of Schedule 4A to that Act”
52
Page 25, line 16, at end insert—

““Treasure regulations” means regulations under section (Treasure

regulations);”
Clause 40
53
Page 25, line 40, leave out “and in section 11”

12

After Clause 41
54
Insert the following new Clause—

“Public funding for advocacy at certain inquests

(1)
Schedule 2 to the Access to Justice Act 1999 (c. 22) (Community Legal

Service: excluded cases) is amended as follows.

(2)
In paragraph 2, at the end insert “, and

    (5)
proceedings at an inquest under Part 1 of the Coroners and

Justice Act 2009 to which sub-paragraph (1), (2) or (3) of

paragraph 4 applies.

(3)
After paragraph 3 there is inserted—

“4  (1)
This sub-paragraph applies to an inquest into the death of a

person who at the time of the death—

(a)
was detained at a custodial institution or in a custody

area at a court or police station,

(b)
was detained at a removal centre or short-term holding

centre,

(c)
was being transferred or held in pursuance of prison

escort arrangements or immigration escort arrangements,

(d)
was detained in secure accommodation,

(e)
was a detained patient, or

(f)
was in service custody.

      (2)
This sub-paragraph applies to an inquest into the death of a

person that occurred in the course of the person’s arrest by a

constable or otherwise in the course of the execution or

purported execution of any functions by a constable.

      (3)
This sub-paragraph applies to an inquest into the death of a

person who at the time of the death was subject to service law by

virtue of section 367 or 369(2)(a) of the Armed Forces Act 2006

and was engaged in active service.

      (4)
Paragraph 2(5) does not authorise the funding of the provision of

services to anyone who is not an interested person within section

38(2)(a) of the Coroners and Justice Act 2009.

      (5)
In this paragraph—

“active service” means service in—

(a)
an action or operation against an enemy (within

the meaning given by section 374 of the Armed

Forces Act 2006),

(b)
an operation outside the British Islands for the

protection of life or property, or

(c)
the military occupation of a foreign country or

territory;

“custodial institution” means a prison, a young offender

institution, a secure training centre or a remand centre;

“detained patient” means a person who is detained in any

premises under Part 2 or 3 or section 135(3B) or 136(4) of

the Mental Health Act 1983;

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“immigration escort arrangements” means arrangements

made under section 156 of the Immigration and Asylum

Act 1999;

“prison escort arrangements” means arrangements made

under section 80 of the Criminal Justice Act 1991 or under

section 102 or 118 of the Criminal Justice and Public

Order Act 1994;

“removal centre” and “short-term holding facility” have the

meaning given by section 147 of the Immigration and

Asylum Act 1999;

“secure accommodation” means accommodation, not

consisting of or forming part of a custodial institution,

provided for the purpose of restricting the liberty of

persons under the age of 18.”
Clause 45
55
Page 29, line 19, leave out paragraph (c)
Before Clause 60
56
Insert the following new Clause—

“Genocide, crimes against humanity and war crimes

(1)
The International Criminal Court Act 2001 is amended as follows.

(2)
In sections 53 and 60 (trial and punishment of main offences), after

subsection (6) add—

“(7)
Subsections (5) and (6) are subject to section 65B (restriction of

penalties in relation to retrospective application of certain

offences).”

(3)
After section 65 insert—

“65A
Retrospective application of certain offences

(1)
Sections 51 and 58 apply to acts committed on or after 1 January

1991.

(2)
But those sections do not apply to a crime against humanity, or a

war crime within article 8.2(b) or (e), committed by a person before

1 September 2001 unless, at the time the act constituting that crime

was committed, the act amounted in the circumstances to a criminal

offence under international law.

(3)
Section 52 applies to conduct in which a person engaged on or after

1 January 1991, and in subsections (2) and (3) of that section

references to an offence include an act or conduct which would not

constitute an offence under the law of England and Wales but for

this section.

(4)
Section 59 applies to conduct in which a person engaged on or after

1 January 1991, and in subsections (2) and (3) of that section

references to an offence include an act or conduct which would not

constitute an offence under the law of Northern Ireland but for this

section.

14

(5)
Any enactment or rule of law relating to an offence ancillary to a

relevant Part 5 offence—

(a)
applies to conduct in which a person engaged on or after 1

January 1991, and

(b)
applies even if the act or conduct constituting the relevant

Part 5 offence would not constitute such an offence but for

this section.

(6)
But sections 52 and 59, and any enactment or rule of law relating to

an offence ancillary to a relevant Part 5 offence, do not apply to—

(a)
conduct in which the person engaged before 1 September

2001, or

(b)
conduct in which the person engaged on or after that date

which was ancillary to an act or conduct which—

(i)
was committed or engaged in before that date, and

(ii)
would not constitute a relevant Part 5 offence, or fall

within section 52(2) or 59(2), but for this section,


unless, at the time the person engaged in the conduct, it amounted

in the circumstances to a criminal offence under international law.

(7)
Section 65, so far as it has effect in relation to relevant Part 5

offences—

(a)
applies to failures to exercise control of the kind mentioned

in section 65(2) or (3) which occurred on or after 1 January

1991, and

(b)
applies even if the act or conduct constituting the relevant

Part 5 offence would not constitute such an offence but for

this section.

(8)
But section 65, so far as it has effect in relation to relevant Part 5

offences, does not apply to a failure to exercise control of the kind

mentioned in section 65(2) or (3) which occurred before 1

September 2001 unless, at the time the failure occurred, it amounted

in the circumstances to a criminal offence under international law.

(9)
In this section “relevant Part 5 offence” means an offence under

section 51, 52, 58 or 59 or an offence ancillary to such an offence.

65B
Modification of penalties: provision supplemental to section 65A

(1)
In the case of a pre-existing E&W offence committed before 1

September 2001, in section 53(6) “30 years” is to be read as “14

years”.

(2)
In the case of an offence of the kind mentioned in section 55(1)(d)

which is ancillary to a pre-existing E&W offence committed before

1 September 2001, nothing in section 53(5) and (6) disapplies the

penalties provided for in sections 4 and 5 of the Criminal Law Act

1967.

(3)
In the case of a pre-existing NI offence committed before 1

September 2001, in section 60(6) “30 years” is to be read as “14

years”.

(4)
In the case of an offence of the kind mentioned in section 62(1)(d)

which is ancillary to a pre-existing NI offence committed before 1

September 2001, nothing in section 60(5) and (6) disapplies the