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Index to Coroners And Justice Bill




Part 1 - Coroners etc

Part 2 - Criminal Offences

Part 3 - Criminal Procedure

Part 4 - Sentencing

Part 5 - Miscellaneous Criminal Justice Provisions

Part 7 - Criminal Memoirs etc

Part 8 - Data Protection Act 1998



Clause 1: Duty to investigate certain deaths

Clause 2: Request for other coroner to conduct investigation

Clause 3: Direction for other coroner to conduct investigation

Clause 4: Discontinuance where cause of death revealed by post-mortem examination

Clause 5: Matters to be ascertained

Clause 6: Duty to hold inquest

Clause 7: Whether jury required

Clause 8: Assembling a jury

Clause 9: Determinations and findings by jury

Clause 10: Determinations and findings to be made

Clause 11: Certified investigations: investigation by judge, inquest without a jury

Clause 12: Intercept evidence

Clause 13 and Schedule 1: Duty or power to suspend or resume investigations

Paragraph 1: Suspension of investigation where certain criminal charges may be brought

Paragraph 2: Suspension where certain criminal proceedings are brought

Paragraph 3: Suspension pending inquiry under Inquiries Act 2005

Paragraph 4: General power to suspend

Paragraph 5: Effect of suspension

Paragraph 6: Resumption of investigation suspended under paragraph 1

Paragraph 7: Resumption of investigation suspended under paragraph 2

Paragraph 8: Resumption of investigation suspended under paragraph 3

Paragraph 9: Resumption of investigation under paragraph 4

Paragraph 10: Supplemental

Clause 14: Investigation in Scotland

Clause 15: Investigation in England and Wales despite body being brought to Scotland

Clause 16: Post-mortem examinations

Clause 17: Power to remove body

Chapter 2: Notification, certification and registration of deaths

Clause 19: Medical examiners

Chapter 3: Investigations concerning treasure

Chapter 4: Coroner areas, appointments etc

Clause 23 and Schedule 3: Appointment of senior coroners, area coroners and assistant coroners etc

Part 1 - Appointment of senior, area and assistant coroners

Part 2 - Qualifications of senior, area and assistant coroners

Part 3 - Vacancies, and functions of area and assistant coroners

Part 4 - Terms of office of senior, area and assistant coroners

Clause 24: Provision of staff and accommodation

Chapter 4: Coroner areas, appointments etc

Paragraph 1: Power to require evidence to be given or produced

Paragraph 2: Privileged information etc

Paragraph 3: Power of entry, search and seizure

Paragraph 4: Power of entry, search and seizure: supplemental

Paragraph 5: Exhumation of body for examination

Paragraph 6: Action to prevent other deaths

Clause 26 and Schedule 5: Offences

Clause 27 and Schedule 6: Allowances, fees, expenditure and reimbursement

Chapter 6: Governance etc

Clause 29: Reports and advice to the Lord Chancellor from the Chief Coroner

Clause 30: Regulations about training

Clause 31: Inspection of coroner system

Clause 32: Appeals to the Chief Coroner

Clause 33 and Schedule 8: Investigation by Chief Coroner or by judge at Chief Coroner’s invitation

Clause 34: Guidance by the Lord Chancellor

Clause 35: Coroners regulations

Clause 36: Coroners rules

Clause 37: Abolition of the office of coroner of the Queen’s household

Clause 38: “Interested person”

Clause 39: Interpretation: general

Clause 40 and Schedule 9: Amendments to the Coroners Act (Northern Ireland) 1959

Clause 41: Amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976

Part 2- Criminal Offences

Clause 43: Persons suffering from diminished responsibility (Northern Ireland)

Clause 44: Partial defence to murder: loss of control

Clause 45: Meaning of “qualifying trigger”

Clause 46: Abolition of common law defence of provocation

Clause 47: Infanticide (England and Wales)

Clause 48: Infanticide (Northern Ireland)

Clause 49: Encouraging or assisting suicide: England and Wales

Clause 50: Encouraging or assisting suicide (Northern Ireland)

Clause 51 and Schedule 10: Encouraging or assisting suicide: providers of information society services

Chapter 2: Images of Children

Clause 53: Exclusion of classified film, etc

Clause 54: Defences

Clause 55: Meaning of “image” and “child”

Clause 56: Penalties

Clause 57: Entry, search, seizure and forfeiture

Clause 58 and Schedule 11: Special rules relating to providers of information society services

Clause 59: Indecent pseudo-photographs of children: marriage etc

Chapter 3: Other offences

Clause 61: Hatred against persons on grounds of sexual orientation

Part 3 - Criminal Evidence, Investigations and Procedure

Clause 63: Qualifying criminal investigations

Clause 64: Investigation anonymity orders

Clause 65: Applications

Clause 66: Conditions for making order

Clause 67: Appeal against refusal of order

Clause 68: Discharge of order

Clause 69: Delegation of functions

Clause 70: Public interest immunity

Clause 71: Application to armed forces

Clause 72: Interpretation

Chapter 2: Anonymity of Witnesses

Clause 74: Applications

Clause 75: Conditions for making order

Clause 76: Relevant considerations

Clause 77: Warning to jury

Clause 78: Discharge or variation of order

Clause 79: Discharge or variation after proceedings

Clause 80: Discharge or variation by appeal court

Clause 81: Special provisions for service courts

Clause 82: Public interest immunity

Clause 83: Power to make orders under the 2008 Act

Clause 84: Interpretation

Chapter 3: Vulnerable and Intimidated Witnesses

Clause 86: Eligibility for special measures: offences involving weapons

Clause 87: Special measures directions for child witnesses

Clause 88: Special provisions relating to certain sexual offences

Clause 89: Evidence by live link: presence of supporter

Clause 90: Video recorded evidence in chief: supplementary testimony

Clause 91: Examination of accused through intermediary

Clause 92: Age of child complainant

Chapter 4: Live Links

Clause 94: Answering to live link bail

Clause 95: Searches of persons answering to live link bail

Clause 96: Use of live link in certain enforcement hearings

Clause 97: Direction of registrar for appeal hearing by live link

Chapter 5: Miscellaneous

Clause 99: Admissibility of evidence of previous complaints

Clause 100: Powers in respect of offenders who assist investigations and prosecutions

Clause 101: Bail: assessment of risk of committing an offence causing injury

Clause 102: Bail decisions in murder cases to be made by a Crown Court judge

Clause 103: Indictment of offenders

Part 4 - Sentencing

Clause 105: Annual Report

Clause 106: Sentencing guidelines

Clause 107: Sentencing guidelines: sentence ranges

Clause 108: Allocation guidelines

Clause 109: Preparation or revision of guidelines in urgent cases

Clause 110: Proposals by Lord Chancellor or Court of Appeal

Clause 111: Sentencing Guidelines: duty of court

Clause 112: Determination of tariffs etc

Clause 113: Resource implications of guidelines

Clause 114: Monitoring

Clause 115: Promoting awareness

Clause 116: Resources: effect of sentencing practice

Clause 117: Resources: effect of factors not related to sentencing

Clause 118: Duty to assess impact of policy and legislative proposals

Clause 119: Assistance by Lord Chancellor

Clause 120: Entrenchment of Lord Chancellor’s functions

Clause 121: Abolition of existing sentencing bodies

Clause 122: Interpretation of this Chapter

Chapter 2: Other provisions relating to sentencing

Clause 124: Dangerous offenders: terrorism offences (England and Wales)

Clause 125: Dangerous offenders: terrorism offences (Northern Ireland)

Part 5 - Miscellaneous Criminal Justice Provisions

Clause 127: Implementation of E-Commerce and Services directives: penalties

Clause 128 and Schedule 15: Treatment of convictions in other member States etc

Admission of evidence as to bad character of a defendant


Decision as to allocation


Required custodial sentences for certain offences

Restriction on imposing custodial sentence or service detention

Young offenders: referral conditions

Proving of foreign convictions before courts

Clause 129: Transfer to Parole Board of functions under the Criminal Justice Act 1991

Clause 130: Retention of knives surrendered or seized: England and Wales

Clause 131: Retention of knives surrendered or seized: Northern Ireland

Clause 132: Security in tribunal buildings

Part 6 - Legal Aid

Clause 134: Excluded services: help in connection with business matters

Clause 135: Criminal Defence Service: information requests

Clause 136 and Schedule 16: Criminal Defence Service: enforcement of order to pay cost of representation

Clause 137: Statutory instruments relating to Legal Services Commission

Part 7 - Criminal Memoirs etc

Clause 139: Qualifying offenders

Clause 140: Qualifying offenders: service offences

Clause 141: Qualifying offenders: supplementary

Clause 142: Relevant offences

Clause 143: Deriving a benefit

Clause 144: Applications

Clause 145: Determination of applications

Clause 146: Limits on recoverable amount

Clause 147: The available amount

Clause 148: Property

Clause 149: Effect of conviction being quashed

Clause 150: Powers of court on repeat applications

Clause 151: Additional proceeds reporting orders

Clause 152 and Schedule 17: Exploitation proceeds investigations

Clause 153: Functions of Serious Organised Crime Agency

Clause 154: Limitation

Clause 155: Interpretation of Part 7

Part 8 - Data Protection Act 1998

Clause 157: Data-sharing code of practice

Clause 158 and Schedule 18: Further amendments of the Data Protection Act 1998

Data Controllers’ Registration

Assessment notices

Power to require information

Restriction on the use of information

Monetary penalties: restriction on matters to be taken into account

Part 9 - General

Clause 160 and Schedules 19 and 20: Consequential etc. amendments and transitional and saving provisions

Schedule 19: Minor and consequential amendments

Part 8 - Disqualification for Driving

Schedule 20: Transitory, transitional and saving provisions

Clause 161 and Schedule 21: Repeals

Clause 163: Effect of amendments to criminal justice provisions applied for the purposes of service law.

Clause 164: Extent

Clause 165: Commencement



Part 1 - Coroners etc

Part 3 - Criminal Evidence, Investigations and Procedure

Part 4 - Sentencing

Part 5 - Miscellaneous criminal justice provisions

Part 7 - Criminal Memoirs etc

Part 8 - Data Protection Act 1998




Criminal Justice Act 2003 sections 103 and 108(2)

Criminal Justice and Public Order Act 1994 section 25


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Prepared: 26 March 2009