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Coroners and Justice Bill


Coroners and Justice Bill
Part 2 — Criminal offences
Chapter 1 — Murder, infanticide and suicide

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45      

Meaning of “qualifying trigger”

(1)   

This section applies for the purposes of section 44.

(2)   

A loss of self-control had a qualifying trigger if subsection (3), (4) or (5) applies.

(3)   

This subsection applies if D’s loss of self-control was attributable to D’s fear of

serious violence from V against D or another identified person.

5

(4)   

This subsection applies if D’s loss of self-control was attributable to a thing or

things done or said (or both) which—

(a)   

constituted circumstances of an extremely grave character, and

(b)   

caused D to have a justifiable sense of being seriously wronged.

(5)   

This subsection applies if D’s loss of self-control was attributable to a

10

combination of the matters mentioned in subsections (3) and (4).

(6)   

In determining whether a loss of self-control had a qualifying trigger—

(a)   

D’s fear of serious violence is to be disregarded to the extent that it was

caused by a thing which D incited to be done or said for the purpose of

providing an excuse to use violence;

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(b)   

a sense of being seriously wronged by a thing done or said is not

justifiable if D incited the thing to be done or said for the purpose of

providing an excuse to use violence;

(c)   

the fact that a thing done or said constituted sexual infidelity is to be

disregarded.

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(7)   

In this section references to “D” and “V” are to be construed in accordance with

section 44.

46      

Abolition of common law defence of provocation

(1)   

The common law defence of provocation is abolished and replaced by sections

44 and 45.

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(2)   

Accordingly, the following provisions cease to have effect—

(a)   

section 3 of the Homicide Act 1957 (c. 11) (questions of provocation to

be left to the jury);

(b)   

section 7 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20)

(questions of provocation to be left to the jury).

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Infanticide

47      

Infanticide (England and Wales)

(1)   

Section 1 of the Infanticide Act 1938 (c. 36) (offence of infanticide) is amended

as follows.

(2)   

In subsection (1)—

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(a)   

for “notwithstanding that” substitute “if”, and

(b)   

after “murder” insert “or manslaughter”.

(3)   

In subsection (2)—

(a)   

for “notwithstanding that” substitute “if”, and

(b)   

after “murder” insert “or manslaughter”.

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Coroners and Justice Bill
Part 2 — Criminal offences
Chapter 1 — Murder, infanticide and suicide

30

 

48      

Infanticide (Northern Ireland)

(1)   

Section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (offence of

infanticide) is amended as follows.

(2)   

In subsection (1)—

(a)   

for “notwithstanding that” substitute “if”, and

5

(b)   

after “murder” insert “or manslaughter”.

(3)   

In subsection (2)—

(a)   

for “notwithstanding that” substitute “if”, and

(b)   

after “murder” insert “or manslaughter”.

Suicide

10

49      

Encouraging or assisting suicide (England and Wales)

(1)   

The Suicide Act 1961 (c. 60) is amended as follows.

(2)   

In section 2 (criminal liability for complicity in another’s suicide), for

subsection (1) substitute—

“(1)   

A person (“D”) commits an offence if—

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(a)   

D does an act capable of encouraging or assisting the suicide or

attempted suicide of another person, and

(b)   

D’s act was intended to encourage or assist suicide or an

attempt at suicide.

(1A)   

The person referred to in subsection (1)(a) need not be a specific person

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(or class of persons) known to, or identified by, D.

(1B)   

D may commit an offence under this section whether or not a suicide,

or an attempt at suicide, occurs.

(1C)   

An offence under this section is triable on indictment and a person

convicted of such an offence is liable to imprisonment for a term not

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exceeding 14 years.”

(3)   

In subsection (2) of that section, for “it” to the end substitute “of a person it is

proved that the deceased person committed suicide, and the accused

committed an offence under subsection (1) in relation to that suicide, the jury

may find the accused guilty of the offence under subsection (1).”

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(4)   

After that section insert—

“2A     

Acts capable of encouraging or assisting

(1)   

If D arranges for a person (“D2”) to do an act that is capable of

encouraging or assisting the suicide or attempted suicide of another

person and D2 does that act, D is also to be treated for the purposes of

35

this Act as having done it.

(2)   

Where the facts are such that an act is not capable of encouraging or

assisting suicide or attempted suicide, for the purposes of this Act it is

to be treated as so capable if the act would have been so capable had the

facts been as D believed them to be at the time of the act or had

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subsequent events happened in the manner D believed they would

happen (or both).

 
 

Coroners and Justice Bill
Part 2 — Criminal offences
Chapter 1 — Murder, infanticide and suicide

31

 

(3)   

A reference in this Act to a person (“P”) doing an act that is capable of

encouraging the suicide or attempted suicide of another person

includes a reference to P doing so by threatening another person or

otherwise putting pressure on another person to commit or attempt

suicide.

5

2B      

Course of conduct

A reference in this Act to an act includes a reference to a course of

conduct, and a reference to doing an act is to be read accordingly.”

50      

Encouraging or assisting suicide (Northern Ireland)

(1)   

The Criminal Justice Act (Northern Ireland) 1966 (c. 20) is amended as follows.

10

(2)   

In section 13 (criminal liability for complicity in another’s suicide), for

subsection (1) substitute—

“(1)   

A person (“D”) commits an offence if—

(a)   

D does an act capable of encouraging or assisting the suicide or

attempted suicide of another person, and

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(b)   

D’s act was intended to encourage or assist suicide or an

attempt at suicide.

(1A)   

The person referred to in subsection (1)(a) need not be a specific person

(or class of persons) known to, or identified by, D.

(1B)   

D may commit an offence under this section whether or not a suicide,

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or an attempt at suicide, occurs.

(1C)   

An offence under this section is triable on indictment and a person

convicted of such an offence is liable to imprisonment for a term not

exceeding 14 years.”

(3)   

In subsection (2) of that section, for “it” to the end substitute “of a person it is

25

proved that the deceased person committed suicide, and the person charged

committed an offence under subsection (1) in relation to that suicide, the jury

may find the person charged guilty of the offence under subsection (1).”

(4)   

After that section insert—

“13A    

Acts capable of encouraging or assisting

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(1)   

If D arranges for a person (“D2”) to do an act that is capable of

encouraging or assisting the suicide or attempted suicide of another

person and D2 does that act, D is also to be treated for the purposes of

section 13 as having done it.

(2)   

Where the facts are such that an act is not capable of encouraging or

35

assisting suicide or attempted suicide, for the purposes of section 13

and this section it is to be treated as so capable if the act would have

been so capable had the facts been as D believed them to be at the time

of the act or had subsequent events happened in the manner D believed

they would happen (or both).

40

(3)   

A reference in section 13 or this section to a person (“P”) doing an act

that is capable of encouraging the suicide or attempted suicide of

another person includes a reference to P doing so by threatening

 
 

Coroners and Justice Bill
Part 2 — Criminal offences
Chapter 2 — Images of children

32

 

another person or otherwise putting pressure on another person to

commit or attempt suicide.

13B     

Course of conduct

A reference in section 13 or 13A to an act includes a reference to a course

of conduct, and a reference to doing an act is to be read accordingly.”

5

51      

Encouraging or assisting suicide: information society services

Schedule 10 makes special provision in connection with the operation of

section 2 of the Suicide Act 1961 (c. 60) and section 13 of the Criminal Justice

Act (Northern Ireland) 1966 (c. 20) in relation to persons providing information

society services within the meaning of that Schedule.

10

Chapter 2

Images of children

Prohibited images

52      

Possession of prohibited images of children

(1)   

It is an offence for a person to be in possession of a prohibited image of a child.

15

(2)   

A prohibited image is an image which—

(a)   

is pornographic,

(b)   

falls within subsection (6), and

(c)   

is grossly offensive, disgusting or otherwise of an obscene character.

(3)   

An image is “pornographic” if it is of such a nature that it must reasonably be

20

assumed to have been produced solely or principally for the purpose of sexual

arousal.

(4)   

Where (as found in the person’s possession) an image forms part of a series of

images, the question whether the image is of such a nature as is mentioned in

subsection (3) is to be determined by reference to—

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(a)   

the image itself, and

(b)   

(if the series of images is such as to be capable of providing a context for

the image) the context in which it occurs in the series of images.

(5)   

So, for example, where—

(a)   

an image forms an integral part of a narrative constituted by a series of

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images, and

(b)   

having regard to those images as a whole, they are not of such a nature

that they must reasonably be assumed to have been produced solely or

principally for the purpose of sexual arousal,

   

the image may, by virtue of being part of that narrative, be found not to be

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pornographic, even though it might have been found to be pornographic if

taken by itself.

(6)   

An image falls within this subsection if it—

(a)   

is an image which focuses solely or principally on a child’s genitals or

anal region, or

40

 
 

Coroners and Justice Bill
Part 2 — Criminal offences
Chapter 2 — Images of children

33

 

(b)   

portrays any of the acts mentioned in subsection (7).

(7)   

Those acts are—

(a)   

the performance by a person of an act of intercourse or oral sex with or

in the presence of a child;

(b)   

an act of masturbation by, of, involving or in the presence of a child;

5

(c)   

an act which involves penetration of the vagina or anus of a child with

a part of a person’s body or with anything else;

(d)   

an act of penetration, in the presence of a child, of the vagina or anus of

a person with a part of a person’s body or with anything else;

(e)   

the performance by a child of an act of intercourse or oral sex with an

10

animal (whether dead or alive or imaginary);

(f)   

the performance by a person of an act of intercourse or oral sex with an

animal (whether dead or alive or imaginary) in the presence of a child.

(8)   

For the purposes of subsection (7), penetration is a continuing act from entry to

withdrawal.

15

(9)   

Proceedings for an offence under subsection (1) may not be instituted—

(a)   

in England and Wales, except by or with the consent of the Director of

Public Prosecutions;

(b)   

in Northern Ireland, except by or with the consent of the Director of

Public Prosecutions for Northern Ireland.

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53      

Exclusion of classified film etc

(1)   

Section 52(1) does not apply to excluded images.

(2)   

An “excluded image” is an image which forms part of a series of images

contained in a recording of the whole or part of a classified work.

(3)   

But such an image is not an “excluded image” if—

25

(a)   

it is contained in a recording of an extract from a classified work, and

(b)   

it is of such a nature that it must reasonably be assumed to have been

extracted (whether with or without other images) solely or principally

for the purpose of sexual arousal.

(4)   

Where an extracted image is one of a series of images contained in the

30

recording, the question whether the image is of such a nature as is mentioned

in subsection (3)(b) is to be determined by reference to—

(a)   

the image itself, and

(b)   

(if the series of images is such as to be capable of providing a context for

the image) the context in which it occurs in the series of images;

35

   

and section 52(5) applies in connection with determining that question as it

applies in connection with determining whether an image is pornographic.

(5)   

In determining for the purposes of this section whether a recording is a

recording of the whole or part of a classified work, any alteration attributable

to—

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(a)   

a defect caused for technical reasons or by inadvertence on the part of

any person, or

(b)   

the inclusion in the recording of any extraneous material (such as

advertisements),

   

is to be disregarded.

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Coroners and Justice Bill
Part 2 — Criminal offences
Chapter 2 — Images of children

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(6)   

Nothing in this section is to be taken as affecting any duty of a designated

authority to have regard to section 52 (along with other enactments creating

criminal offences) in determining whether a video work is suitable for a

classification certificate to be issued in respect of it.

(7)   

In this section—

5

“classified work” means (subject to subsection (8)) a video work in respect

of which a classification certificate has been issued by a designated

authority (whether before or after the commencement of this section);

“classification certificate” and “video work” have the same meaning as in

the Video Recordings Act 1984 (c. 39);

10

“designated authority” means an authority which has been designated by

the Secretary of State under section 4 of that Act;

“extract” includes an extract consisting of a single image;

“pornographic” has the same meaning as in section 52;

“recording” means any disc, tape or other device capable of storing data

15

electronically and from which images may be produced (by any

means).

(8)   

Section 22(3) of the Video Recordings Act 1984 (effect of alterations) applies for

the purposes of this section as it applies for the purposes of that Act.

54      

Defences

20

(1)   

Where a person is charged with an offence under section 52(1), it is a defence

for the person to prove any of the following matters—

(a)   

that the person had a legitimate reason for being in possession of the

image concerned;

(b)   

that the person had not seen the image concerned and did not know,

25

nor had any cause to suspect, it to be a prohibited image of a child;

(c)   

that the person—

(i)   

was sent the image concerned without any prior request having

been made by or on behalf of the person, and

(ii)   

did not keep it for an unreasonable time.

30

(2)   

In this section “prohibited image” has the same meaning as in section 52.

55      

Meaning of “image” and “child”

(1)   

The following apply for the purposes of sections 52 to 54.

(2)   

“Image” includes—

(a)   

a moving or still image (produced by any means), or

35

(b)   

data (stored by any means) which is capable of conversion into an

image within paragraph (a).

(3)   

“Image” does not include an indecent photograph, or indecent pseudo-

photograph, of a child.

(4)   

In subsection (3) “indecent photograph” and “indecent pseudo-photograph”

40

are to be construed—

(a)   

in relation to England and Wales, in accordance with the Protection of

Children Act 1978 (c. 37), and

 
 

Coroners and Justice Bill
Part 2 — Criminal offences
Chapter 2 — Images of children

35

 

(b)   

in relation to Northern Ireland, in accordance with the Protection of

Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)).

(5)   

“Child”, subject to subsection (6), means a person under the age of 18.

(6)   

Where an image shows a person the image is to be treated as an image of a child

if—

5

(a)   

the impression conveyed by the image is that the person shown is a

child, or

(b)   

the predominant impression conveyed is that the person shown is a

child despite the fact that some of the physical characteristics shown are

not those of a child.

10

(7)   

References to an image of a person include references to an image of an

imaginary person.

(8)   

References to an image of a child include references to an image of an

imaginary child.

56      

Penalties

15

(1)   

This section has effect where a person is guilty of an offence under section

52(1).

(2)   

The offender is liable—

(a)   

on summary conviction, to imprisonment for a term not exceeding the

relevant period or a fine not exceeding the statutory maximum, or both;

20

(b)   

on conviction on indictment, to imprisonment for a term not exceeding

3 years or a fine, or both.

(3)   

“The relevant period” means—

(a)   

in relation to England and Wales, 12 months;

(b)   

in relation to Northern Ireland, 6 months.

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57      

Entry, search, seizure and forfeiture

(1)   

The following provisions of the Protection of Children Act 1978 (c. 37) apply in

relation to prohibited images of children as they apply in relation to indecent

photographs of children (within the meaning of that Act)—

(a)   

section 4 (entry, search and seizure);

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(b)   

the Schedule (forfeiture of photographs).

(2)   

The following provisions of the Protection of Children (Northern Ireland)

Order 1978 (S.I. 1978/1047 (N.I. 17)) apply in relation to prohibited images of

children as they apply in relation to indecent photographs of children (within

the meaning of that Order)—

35

(a)   

Article 4 (entry, search and seizure);

(b)   

the Schedule (forfeiture of photographs).

(3)   

In this section “prohibited image of a child” means a prohibited image of a

child to which section 52(1) applies.

 
 

 
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