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Index to Coroners And Justice Bill


 
INTRODUCTION

SUMMARY

BACKGROUND

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

TERRITORIAL EXTENT

THE BILL

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

Bail

Decision as to allocation

Seriousness

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

COMMENCEMENT

FINANCIAL EFFECTS OF THE BILL

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

EFFECTS OF THE BILL ON PUBLIC SECTOR MANPOWER

SUMMARY OF IMPACT ASSESSMENTS

EUROPEAN CONVENTION ON HUMAN RIGHTS

Criminal Justice Act 2003 sections 103 and 108(2)

Criminal Justice and Public Order Act 1994 section 25

ANNEX A

 
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Prepared: 26 March 2009