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Explanatory Notes
House of Lords
Session 2008-09
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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 Coroners 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 Queens 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 Chancellors 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
© Parliamentary copyright 2009
Prepared: 26 March 2009