Coroners and Justice Bill
REVISED
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 1st June 2009, as follows—
Clauses 1 to 13
Schedule 1
Clauses 14 to 22
Schedule 2
Clauses 23
Schedule 3
Clauses 24 and 25
Schedule 4
Clauses 26
Schedule 5
Clauses 27
Schedule 6
Clauses 28
Schedule 7
Clauses 29 to 33
Schedule 8
Clauses 34 to 40
Schedule 9
Clauses 41 to 51
Schedule 10
Clauses 52 to 58 | Schedule 11
Clauses 59 to 86
Schedule 12
Clauses 87 to 104
Schedule 13
Clauses 105 to 123
Schedule 14
Clauses 124 to 128
Schedule 15
Clauses 129 to 136
Schedule 16
Clauses 137 to 152
Schedule 17
Clauses 153 to 158
Schedule 18
Clauses 159 and 160
Schedule 19 and 20
Clauses 161
Schedule 21
Clauses 162 to 166 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 1 | Page 1, line 9, at end insert "notwithstanding the location where the death occurred" |
| | BARONESS FINLAY OF LLANDAFF |
| 2 | Page 1, line 13, at end insert— |
| | "or when the coroner has reason to believe that the circumstances of the death were such that, in the public interest, the death should be investigated" |
| 3 | Page 1, line 13, at end insert— |
| "( ) | For the purpose of this section, the circumstances when the deceased should be considered to have been in "state detention" include— |
| (a) | detention by a constable or other public authority pursuant to statutory or common law powers; |
| (b) | detention or deprivation of liberty pursuant to the requirements of mental health legislation including the Mental Health Act 1983 (c. 20) and the Mental Capacity Act 2005 (c. 9), as amended by the Mental Health Act 2007 (c. 12); |
| (c) | the placement of a child in secure accommodation; |
| (d) | detention pursuant to immigration and asylum legislation; and |
| (e) | the detention of any person in custody or otherwise detained while he or she is being transported from one place to another." |
| | BARONESS FINLAY OF LLANDAFF |
| 4 | Page 2, line 31, at end insert— |
| "( ) | A senior coroner shall inform the Chief Coroner if completion of an investigation is likely to take more than 12 months from the time that the coroner was notified of the death. |
| ( ) | The Chief Coroner shall maintain a register of prolonged investigations." |
| 5 | Page 2, line 39, at end insert— |
| "( ) | Before giving a direction under this section, the Chief Coroner must take into consideration the resources available to coroner A." |
| | BARONESS FINLAY OF LLANDAFF |
| 5A* | Page 3, line 6, at end insert— |
| "(4A) | When giving notice in writing to coroner B of a direction under subsection (4), the Chief Coroner shall give his reasons in writing— |
| (a) | to coroners A and B, and |
| (b) | to an interested person, |
| | for the direction to conduct an investigation under subsection (1). |
| (4B) | For the purposes of subsection (4A) "interested person" shall have the same meaning as section 38(2)(a) or (b) as appropriate." |
| 6 | Page 3, line 9, at end insert— |
| "( ) | Coroner A shall notify the Chief Coroner if completion of an investigation is likely to take, or is taking, more than 12 months from the time that coroner B was notified of the death." |
| | BARONESS DEAN OF THORNTON-LE-FYLDE |
| 6A* | Insert the following new Clause— |
| | "Investigations into deaths of service personnel |
| (1) | Coroners conducting investigations into the deaths of members of Her Majesty's Forces shall have the appropriate training for carrying out such investigations. |
| (a) | an investigation is transferred under section 2(1) or 3(1), and |
| (b) | the deceased is a member of Her Majesty's Forces, |
| | the coroner to whom the case is transferred shall only conduct the investigation if he has the appropriate training for conducting investigations into deceased members of Her Majesty's Forces." |
| | BARONESS FINLAY OF LLANDAFF |
| 7 | Page 3, line 37, leave out paragraph (b) and insert— |
| "(b) | when, where, by what means and in what circumstances the deceased came by his or her death;" |
| 8 | Page 3, line 40, after "necessary" insert "in the interests of justice or" |
| 9 | Page 4, line 1, after "ascertaining" insert— |
| 10 | Page 4, line 2, at end insert— |
| "(b) | whether and to what extent systematic failings were a factor in death; |
| (c) | whether appropriate precautions could have been taken to prevent the death; |
| (d) | if a person takes his or her own life, whether this was in whole or in part because the risk of their doing so was not recognised by those acting on behalf of the state; |
| (e) | any other factor relevant to the circumstances in which the deceased came by his or her death" |
| | BARONESS FINLAY OF LLANDAFF |
| 11 | Page 4, line 2, at end insert— |
| "(2A) | The senior coroner may determine that the purpose of any investigation shall include ascertaining the circumstances in which the deceased came by his death where— |
| (a) | the senior coroner is satisfied that there are reasonable grounds to determine that the continued or repeat occurrence of those circumstances would be prejudicial to the health and safety of members of the public or any section of it, or |
| (b) | the senior coroner is satisfied that there are reasonable grounds to consider such circumstances to be in the public interest." |
| 12 | Page 4, line 3, leave out subsection (3) |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 13 | Page 4, line 13, leave out "an" and insert "a timely" |
| | BARONESS FINLAY OF LLANDAFF |
| 13A* | Page 4, line 14, at end insert— |
| "( ) | The senior coroner shall maintain a record of all deaths that were notified to him, but where an inquest was held, as a result of the decision to discontinue an investigation." |
| 14 | Page 4, leave out line 18 |
| 15 | Page 4, leave out lines 22 to 24 |
| 16 | Page 4, line 27, at end insert "or |
| (iii) | a member of the security services," |
| 17 | Page 4, line 29, at end insert ", or |
| (d) | that the death occurred in circumstances the continuance or possible recurrence of which is prejudicial to the health or safety of the public or any section of the public." |
| 18 | Page 4, line 29, at end insert— |
| "(d) | that the death occurred while the deceased was undertaking training carried out by Her Majesty's Forces, and either— |
| (i) | the death was a violent or unnatural one, or |
| (ii) | the cause of death is unknown, or |
| (e) | that the death occurred while the deceased was serving in Her Majesty's Forces and under the age of 18 years, and |
| (i) | the death was a violent or unnatural one, or |
| (ii) | the cause of death is unknown." |
| 19 | Page 4, line 29, at end insert ", or |
| (d) | that the death otherwise resulted from an act or omission of a public authority." |
| 20 | Page 4, line 37, at end insert— |
| "(5) | For the purposes of subsection (2)(d), a person or body is a "public authority" if he or it would be so considered under section 6 of the Human Rights Act 1998 (c. 42)." |
| | BARONESS FINLAY OF LLANDAFF |
| 21 | Page 4, line 39, leave out "six, seven, eight or nine" and insert "not less than seven nor more than eleven" |
| 22 | Page 5, line 17, leave out paragraph (a) and insert— |
| "(a) | the minority consists of not more than two, and" |
| | BARONESS FINLAY OF LLANDAFF |
| 23 | Insert the following new Clause— |
| | The senior coroner shall hold inquests in premises suitable for the purpose, taking into consideration the needs of the bereaved and their access to the premises by public and road transport." |
| 24 | Insert the following new Clause— |
| | "Death of a minor: possibility to exclude press from inquest |
| | If the deceased is a minor, the senior coroner responsible for the inquest may exclude the press from the inquest if such exclusion is in the interest of surviving siblings of the deceased." |
| | BARONESS FINLAY OF LLANDAFF |
| 25 | Insert the following new Clause— |
| | "Publicly funded legal representation |
| | The Secretary of State shall by regulation provide for non means-tested funds to ensure that the family of the deceased has legal representation at relevant inquests." |
| | BARONESS FINLAY OF LLANDAFF |
| 26 | Page 5, line 35, leave out subsection (2) and insert— |
| "(2) | A determination under subsection (1)(a) shall not affect the criminal or civil liability of any party and shall not be admissible as evidence of proof of criminal or civil liability in any subsequent legal proceedings; but an inquest is not inhibited in the discharge of its functions by any likelihood of liability being inferred from the facts that it determines in accordance with subsection (1)(a) or any recommendations that it makes." |
| | BARONESS FINLAY OF LLANDAFF |
| 27 | Page 5, line 38, at end insert— |
| "( ) | A determination under subsection (1)(a) shall— |
| (a) | use agreed terms to allow the death to be coded using internationally agreed codes for the cause of death; |
| (b) | also have a narrative descriptor." |
| 28 | Page 5, line 40, at end insert— |
| "( ) | Subsection (2) shall not affect the duty on the coroner to conduct an investigation which meets the requirements of section 5." |
| | BARONESS FINLAY OF LLANDAFF |
| 29 | Page 5, line 40, at end insert— |
| "( ) | Subsection (2) shall not prevent a determination which describes how or in what circumstances the deceased came by his death, including the reasonable precautions, if any, whereby the death might have been avoided or prevented." |
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