Human Rights Joint Committee - Eighth Report
Legislative Scrutiny: Coroners and Justice Bill

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Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 17 March 2009.

Contents

Terms of Reference

Summary

Bill drawn to the special attention of both Houses: Coroners and Justice Bill

1.  Introduction

Background

Explanatory Notes

Evidence and acknowledgements

Significant human rights issues

Effective parliamentary scrutiny

2.  Certified or "secret" inquests

Certified investigations
The requirements of Article 2 ECHR

Scope

Safeguards

Are the proposals necessary?

3.  Data Protection

Information Sharing Orders and the right to respect for private life
Primary vs secondary legislation

The scope of the order

The test: Ministerial policy and proportionality

Safeguards: the Privacy Impact Assessment

Safeguards: Review by the Information Commissioner

New powers for the Information Commissioner

4.  Coroners Reform

Coroners reform as a human rights enhancing measure

Duty to investigate

Purpose of investigation and matters to be ascertained

Outcome of investigation

Juries

Powers to gather evidence and to enter, search and seize relevant items

Power to report if risk of future death

Legal aid

5.  Witness anonymity

Witness anonymity
Background

Exceptionality

"Serious damage to property"

Special counsel

Investigation anonymity orders

6.  Changes to the criminal law

Reform of partial defences to murder
Background

Diminished responsibility

Loss of control

Encouraging or assisting suicide

Possession of a prohibited image of a child

Legal certainty

Necessity and proportionality

Public order offences

Incitement to hatred on the grounds of sexual orientation and freedom of expression

"Insulting" words or behaviour

Release of long term prisoners sentenced under the Criminal Justice Act 1991

7.  Procedural Changes

Bail in murder cases

Vulnerable and intimidated witnesses

Automatic application of special measures to selected witnesses

Extension of availability of intermediaries to vulnerable defendants

Live links

Criminal memoirs

Annex: Proposed Committee Amendments

Conclusions and recommendations

Formal Minutes

List of written evidence

List of Reports from the Committee during the current Parliament

Written Evidence

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Prepared 26 March 2009