House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Notices of Amendments: 19 February 2009
140

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

403

Clause  59,  page  34,  line  16,  at beginning insert ‘in relation to the offences listed in

subsection (2)(a) to (d),’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

404

Clause  59,  page  34,  line  18,  at end insert ‘or attempted murder’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

405

Clause  59,  page  34,  line  20,  after ‘death’, insert ‘, wound, or grievious bodily

harm’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

406

Clause  59,  page  34,  line  19,  at end insert—

‘(c)
an offence under section 18 of the Offences Against the Person Act 1861

(wounding or inflicting grievious bodily harm with intent);

(d)
an offence under section 20 of the Offences Against the Person Act 1861

(wounding or inflicting grievious bodily harm);

(e)
an offence under section 16 of the Firearms Act 1968 (possession of

firearm with intent to endanger life);

(f)
an offence under section 16A of the Firearms Act 1968 (possession of

firearm or imitation firearm with intent to cause fear of violence);

(g)
an offence under section 18 of the Firearms Act 1968 (carrying firearm

or imitation firearm with intent to commit an indictable offence or to

resist arrest);

(h)
an offence under section 19 of the Firearms Act 1968 (carrying firearm

in public place).’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

407

Page  47,  line  4,  leave out Clause 82.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

408

Page  47,  line  21,  leave out Clause 83.

Notices of Amendments: 19 February 2009
141

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

409

Clause  83,  page  47,  line  31,  leave out from beginning to first ‘the’ in line 33.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

410

Clause  83,  page  48,  line  3,  leave out paragraph (a).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

411

Clause  83,  page  48,  line  18,  at end insert—

‘( )
where a defendant is under the age of 18, the age and maturity of that

defendant;’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

412

Page  50,  line  22,  leave out Clause 87.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

413

Schedule  13,  page  148,  line  36,  at end insert—

‘(1A)
When appointing judicial members, the Lord Chief Justice must have regard to

the need for the judicial members to include at least one person who sits in the

Youth Court.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

414

Schedule  13,  page  149,  line  18,  at end insert—

‘(h)
children’s services.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

415

Clause  41,  page  25,  line  17,  leave out ‘considered’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

416

Clause  42,  page  25,  line  39,  leave out ‘seriously’.

Notices of Amendments: 19 February 2009
142

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

417

Clause  42,  page  26,  line  2,  leave out ‘or said’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

418

Clause  42,  page  26,  line  4,  leave out ‘seriously’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

419

Clause  42,  page  26,  line  4,  leave out ‘or said’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

420

Clause  42,  page  26,  line  5,  leave out ‘or said’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

421

Clause  42,  page  26,  line  7,  leave out ‘or said’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

422

Clause  46,  page  27,  line  11,  leave out subsection (1A).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

423

Clause  46,  page  27,  line  28,  leave out subsection (2).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

424

Clause  47,  page  28,  line  10,  leave out subsection (1A).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

425

Clause  47,  page  28,  line  27,  leave out subsection (2).

Notices of Amendments: 19 February 2009
143

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

426

Clause  49,  page  29,  line  6,  leave out ‘Possession’ and insert ‘Publication’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

427

Clause  49,  page  29,  line  7,  leave out ‘be in possession of’ and insert ‘publish by any

means whatsoever to another’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

428

Clause  49,  page  29,  line  13,  leave out ‘produced’ and insert ‘published’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

429

Clause  49,  page  29,  line  14,  at end add ‘of the publisher or of a publishee’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

430

Clause  49,  page  29,  line  15,  leave out ‘(as found in the person’s possession)’ and

insert ‘on publication’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

431

Clause  49,  page  29,  line  26,  at end add ‘of the publisher or of a publishee’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

432

Clause  50,  page  30,  line  19,  after ‘extracted’, insert ‘and published’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

433

Clause  50,  page  30,  line  20,  at end add ‘of the publisher or of a publishee’.

Notices of Amendments: 19 February 2009
144

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

434

Clause  51,  page  31,  line  13,  leave out ‘it is’ and insert ‘he has’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

435

Clause  51,  page  31,  line  14,  leave out ‘for a person’ and insert ‘where the

prosecution fails’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

436

Clause  51,  page  31,  line  15,  leave out ‘a’ and insert ‘no’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

437

Clause  51,  page  31,  line  15,  leave out ‘being in possession of’ and insert

‘publishing’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

438

Clause  51,  page  31,  line  17,  leave out first ‘not’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

439

Clause  51,  page  31,  line  17,  leave out from ‘and’ to ‘it’ in line 18 and insert ‘knew,

or had cause to suspect’.

Responsibility for publication of prohibited image

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

NC35

To move the following Clause:—

‘(1)
A person has a defence if—

(a)
he was not the author, editor or publisher of the prohibited image,

(b)
he took reasonable care in relation to its publication, and

(c)
he did not know, and had no reason to believe, that what he did caused or

contributed to the publication of the prohibited image.

Notices of Amendments: 19 February 2009
145

Coroners and Justice Bill, continued

(2)
For this purpose “author”, “editor” and “publisher” have the following meanings,

which are futher explained in subsection (3)—

“author” means the originator of the image, but does not include a person

who did not intend that an image originated by him be published at all;

“editor” means a person having editorial or equivalent responsibility for the

content of the image or the decision to publish it; and

“publisher” means a commercial publisher, that is, a person whose business

is issuing material to the public, or a section of the public, who issues

material containing the image in the course of that business.

(3)
A person shall not be considered the author, editor or publisher of an image if he

is only involved—

(a)
in printing, producing, distributing or selling printed material containing

the image;

(b)
in processing, making copies of, distributing, exhibiting or selling a film

or sound recording (as defined in Part I of the [1988 c. 48] Copyright,

Designs and Patents Act 1988) containing the image;

(c)
in processing, making copies of, distributing or selling any electronic

medium in or on which the image is recorded, or in operating or

providing any equipment, system or service by means of which the

statement is retrieved, copied, distributed or made available in electronic

form;

(d)
as the broadcaster of a live programme containing the image in

circumstances in which he has no effective control over the maker of the

image;

(e)
as the operator of or provider of access to a communications system by

means of which the image is transmitted, or made available, by a person

over whom he has no effective control.


In a case not within paragraphs (a) to (e) the court may have regard to those

provisions by way of analogy in deciding whether a person is to be considered the

author, editor or publisher of a statement.

(4)
Employees or agents of an author, editor or publisher are in the same positions as

their employer or principal to the extent that they are responsible for the content

of the image or the decision to publish it.

(5)
In determining for the purposes of this section whether a person took reasonable

care, or had reason to believe that what he did caused or contributed to the

publication of a prohibited image, regard shall be had to—

(a)
the extent of his responsibility for the content of the image or the decision

to publish it,

(b)
the nature or circumstances of the publication, and

(c)
the previous conduct or character of the author, editor or publisher.

(6)
This section does not apply to any publication which arose before the section

came into force.

(7)
For the avoidance of doubt, the burden of proving or disproving, as the case may

be, any of the facts or matters in subsections (1) to (6) above is on the

prosecution.’.

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

440

Clause  61,  page  36,  line  8,  leave out paragraph (a).

Notices of Amendments: 19 February 2009
146

Coroners and Justice Bill, continued

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

441

Clause  61,  page  36,  line  12,  leave out paragraph (c).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

442

Clause  61,  page  36,  line  15,  leave out paragraph (d).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

443

Clause  63,  page  37,  line  34,  leave out subsection (5).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

444

Clause  63,  page  37,  line  37,  leave out subsection (6).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

445

Clause  63,  page  38,  line  9,  leave out subsection (9).

Mr Edward Garnier

Mr Henry Bellingham

Jeremy Wright

446

Clause  71,  page  42,  line  19,  leave out paragraph (b).