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Coroners and Justice Bill


Coroners and Justice Bill
Part 2 — Criminal offences
Chapter 3 — Other offences

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58      

Special rules relating to providers of information society services

Schedule 11 makes special provision in connection with the operation of

section 52(1) in relation to persons providing information society services

within the meaning of that Schedule.

Indecent pseudo-photographs of children

5

59      

Indecent pseudo-photographs of children: marriage etc

(1)   

In section 1A of the Protection of Children Act 1978 (c. 37) (making of indecent

photograph of child etc: marriage and other relationships), after “photograph”,

in each place it occurs, insert “or pseudo-photograph”.

(2)   

In section 160A of the Criminal Justice Act 1988 (c. 33) (possession of indecent

10

photograph of child etc: marriage and other relationships), after “photograph”,

in each place it occurs, insert “or pseudo-photograph”.

(3)   

In Article 15A of the Criminal Justice (Evidence, etc) (Northern Ireland) Order

1988 (S.I. 1988/1847 (N.I. 17)) (marriage and other relationships), after

“photograph”, in each place it occurs, insert “or pseudo-photograph”.

15

(4)   

In Article 3B of the Protection of Children (Northern Ireland) Order 1978 (S.I.

1978/1047 (N.I. 17)) (marriage and other relationships), after “photograph”, in

each place it occurs, insert “or pseudo-photograph”.

Chapter 3

Other offences

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60      

Conspiracy

(1)   

In section 1A of the Criminal Law Act 1977 (c. 45) (conspiracy to commit

offences outside the United Kingdom)—

(a)   

in the title and in subsection (2), for “the United Kingdom” substitute

“England and Wales”, and

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(b)   

for subsection (14) substitute—

“(14)   

Nothing in this section applies to an agreement entered into

before 4 September 1998.

(15)   

In relation to an agreement entered into during the period

beginning with that date and ending with the commencement

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of section 60(1) of the Coroners and Justice Act 2009, this section

applies as if in subsection (2) for “England and Wales” there

were substituted “the United Kingdom”.

(16)   

Nothing in this section imposes criminal liability on any person

acting on behalf of, or holding office under, the Crown.”

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(2)   

In Article 9A of the Criminal Attempts and Conspiracy (Northern Ireland)

Order 1983 (S.I. 1983/1120 (N.I. 13)) (conspiracy to commit offences outside the

United Kingdom)—

(a)   

in the title and in paragraph (2), for “the United Kingdom” substitute

“Northern Ireland”, and

40

 
 

Coroners and Justice Bill
Part 3 — Criminal evidence, investigations and procedure
Chapter 1 — Anonymity in investigations

37

 

(b)   

for paragraph (14) substitute—

“(14)   

Nothing in this Article applies to an agreement entered into

before 4 September 1998.

(15)   

In relation to an agreement entered into during the period

beginning with that date and ending with the commencement

5

of section 60(2) of the Coroners and Justice Act 2009, this Article

applies as if in paragraph (2) for “Northern Ireland” there were

substituted “the United Kingdom”.

(16)   

Nothing in this Article imposes criminal liability on any person

acting on behalf of, or holding office under, the Crown.”

10

61      

Hatred against persons on grounds of sexual orientation

In Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on

grounds of sexual orientation etc), omit section 29JA (protection for discussion

or criticism of sexual conduct etc).

Part 3

15

Criminal evidence, investigations and procedure

Chapter 1

Anonymity in investigations

62      

Qualifying offences

(1)   

An offence is a qualifying offence for the purposes of this Chapter if—

20

(a)   

it is listed in subsection (2), and

(b)   

the condition in subsection (3) is satisfied in relation to it.

(2)   

The offences are—

(a)   

murder;

(b)   

manslaughter.

25

(3)   

The condition in this subsection is that the death was caused by one or both of

the following—

(a)   

being shot with a firearm;

(b)   

being injured with a knife.

(4)   

The Secretary of State may by order amend this section—

30

(a)   

so as to add an offence to or omit an offence from the list in subsection

(2), or

(b)   

so as to add, omit or modify a condition to be satisfied in relation to an

offence.

(5)   

In this section—

35

“firearm”, in relation to England and Wales, has the meaning given by

section 57 of the Firearms Act 1968 (c. 27) and, in relation to Northern

Ireland, has the meaning given by Article 2 of the Firearms (Northern

Ireland) Order 2004 (S.I. 2004/702 (N.I. 3));

“knife” has the meaning given by section 10 of the Knives Act 1997 (c. 21).

40

 
 

Coroners and Justice Bill
Part 3 — Criminal evidence, investigations and procedure
Chapter 1 — Anonymity in investigations

38

 

63      

Qualifying criminal investigations

(1)   

For the purposes of this Chapter a criminal investigation is a qualifying

criminal investigation if it is conducted by an investigating authority wholly or

in part with a view to ascertaining—

(a)   

whether a person should be charged with a qualifying offence, or

5

(b)   

whether a person charged with a qualifying offence is guilty of it.

(2)   

The following are investigating authorities—

(a)   

a police force in England and Wales;

(b)   

the British Transport Police Force;

(c)   

the Serious Organised Crime Agency;

10

(d)   

the Police Service of Northern Ireland.

(3)   

The Secretary of State may by order amend subsection (2) so as to add or omit

a body or other person.

(4)   

The provision which may be included in an order under subsection (3) by

virtue of section 159 (power to make consequential provision etc) includes

15

provision modifying any provision of this Chapter.

64      

Investigation anonymity orders

(1)   

In this Chapter an “investigation anonymity order” is an order made by a

justice of the peace in relation to a specified person prohibiting the disclosure

of information—

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(a)   

that identifies the specified person as a person who is or was able or

willing to assist a specified qualifying criminal investigation, or

(b)   

that might enable the specified person to be identified as such a person.

(2)   

The prohibition in an investigation anonymity order is subject to subsections

(3) to (9).

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(3)   

An investigation anonymity order is not contravened by disclosure of such

information as regards the specified person as is described in subsection (1), if

the person disclosing the information does not know and has no reason to

suspect that such an order has been made in relation to the specified person in

connection with the specified qualifying criminal investigation.

30

(4)   

An investigation anonymity order is not contravened by disclosure of such

information as regards the specified person as is described in subsection (1)(b),

if the person disclosing the information does not know and has no reason to

suspect that the information disclosed is information that might enable the

specified person to be identified as a person of the sort described in subsection

35

(1)(a) in relation to the specified qualifying criminal investigation.

(5)   

A person (“A”) who discloses to another person (“B”) that an investigation

anonymity order has been made in relation to a person in connection with the

criminal investigation of a qualifying offence does not contravene the order if

the condition in subsection (6) is satisfied.

40

(6)   

The condition is that A knows that B is aware that the person specified in the

order is a person who is or was able or willing to assist a criminal investigation

relating to the qualifying offence.

(7)   

A person who discloses information to which an investigation anonymity

order relates does not contravene the order if—

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Coroners and Justice Bill
Part 3 — Criminal evidence, investigations and procedure
Chapter 1 — Anonymity in investigations

39

 

(a)   

the disclosure is made to a person who is involved in the specified

qualifying criminal investigation or in the prosecution of an offence to

which the investigation relates, and

(b)   

the disclosure is made for the purposes of the investigation or the

prosecution of an offence to which the investigation relates.

5

(8)   

An investigation anonymity order is not contravened by—

(a)   

disclosure in pursuance of a requirement imposed by any enactment or

rule of law, or

(b)   

disclosure made in pursuance of an order of a court.

(9)   

A person who discloses such information as regards another person as is

10

described in subsection (1) may not rely on subsection (8) in a case where—

(a)   

it might have been determined that the person was required or

permitted to withhold the information (whether on grounds of public

interest immunity or on other grounds), but

(b)   

the person disclosed the information without there having been a

15

determination as to whether the person was required or permitted to

withhold the information.

   

Disclosure for the purposes of seeking such a determination is not a

contravention of an investigation anonymity order.

(10)   

It is an offence for a person to disclose information in contravention of an

20

investigation anonymity order.

(11)   

A person guilty of an offence under this section 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;

(b)   

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

25

5 years or a fine, or both.

(12)   

“The relevant period” means—

(a)   

in relation to England and Wales, 12 months;

(b)   

in relation to Northern Ireland, 6 months.

(13)   

In this section “specified” means specified in the investigation anonymity

30

order concerned.

65      

Applications

(1)   

An application for an investigation anonymity order may be made to a justice

of the peace by—

(a)   

in a case where a police force in England and Wales is conducting the

35

qualifying criminal investigation, the chief officer of police of the police

force;

(b)   

in a case where the British Transport Police Force is conducting the

qualifying criminal investigation, the Chief Constable of the British

Transport Police Force;

40

(c)   

in a case where the Serious Organised Crime Agency is conducting the

qualifying criminal investigation, the Director General of the Serious

Organised Crime Agency;

(d)   

in a case where the Police Service of Northern Ireland is conducting the

qualifying criminal investigation, the Chief Constable of the Police

45

Service of Northern Ireland;

 
 

Coroners and Justice Bill
Part 3 — Criminal evidence, investigations and procedure
Chapter 1 — Anonymity in investigations

40

 

(e)   

the Director of Public Prosecutions;

(f)   

the Director of Revenue and Customs Prosecutions;

(g)   

the Director of Public Prosecutions for Northern Ireland.

(2)   

An applicant for an investigation anonymity order is not required to give

notice of the application to—

5

(a)   

a person who is suspected of having committed or who has been

charged with an offence to which the qualifying criminal investigation

relates, or

(b)   

such a person’s legal representatives.

(3)   

An applicant for an investigation anonymity order must (unless the justice of

10

the peace directs otherwise) inform the justice of the identity of the person who

would be specified in the order.

(4)   

A justice of the peace may determine the application without a hearing.

(5)   

If a justice of the peace determines an application for an investigation

anonymity order without a hearing, the designated officer in relation to that

15

justice must notify the applicant of the determination.

(6)   

In the application of this section to Northern Ireland, the reference to the

designated officer in relation to a justice of the peace is to be read as a reference

to the clerk of petty sessions for the petty sessions district in which the

application for an investigation anonymity order is made.

20

(7)   

The Secretary of State may by order amend subsection (1).

(8)   

The provision which may be included in an order under subsection (7) by

virtue of section 159 (power to make consequential provision etc) includes

provision modifying any provision of this Chapter.

66      

Conditions for making order

25

(1)   

This section applies where an application is made for an investigation

anonymity order to be made in relation to a person.

(2)   

The justice of the peace may make such an order if satisfied that there are

reasonable grounds for believing that the conditions in subsections (3) to (8) are

satisfied.

30

(3)   

The condition in this subsection is that a qualifying offence has been

committed.

(4)   

The condition in this subsection is that the person likely to have committed the

qualifying offence (“the relevant person”) is a person who was aged at least 11

but under 30 at the time the offence was committed.

35

(5)   

The condition in this subsection is that the relevant person is likely to have

been a member of a group falling within subsection (6) at the time the offence

was committed.

(6)   

A group falls within this subsection if—

(a)   

it is possible to identify the group from the criminal activities that its

40

members appear to engage in, and

(b)   

it appears that the majority of the persons in the group are aged at least

11 but under 30.

 
 

Coroners and Justice Bill
Part 3 — Criminal evidence, investigations and procedure
Chapter 1 — Anonymity in investigations

41

 

(7)   

The condition in this subsection is that the person who would be specified in

the order has reasonable grounds for fearing intimidation or harm if identified

as a person who is or was able or willing to assist the criminal investigation as

it relates to the qualifying offence.

(8)   

The condition in this subsection is that the person who would be specified in

5

the order—

(a)   

is able to provide information that would assist the criminal

investigation as it relates to the qualifying offence, and

(b)   

is more likely than not, as a consequence of the making of the order, to

provide such information.

10

(9)   

If it is suspected that the qualifying offence was committed by 2 or more

persons, it is sufficient for the purposes of subsection (2) that the justice is

satisfied that there are reasonable grounds for believing that the conditions in

subsections (3) to (8) are satisfied in relation to one person.

(10)   

The Secretary of State may by order modify or repeal any of subsections (4) to

15

(6) and (9).

(11)   

The provision which may be included in an order under subsection (10) by

virtue of section 159 (power to make consequential provision etc) includes

provision modifying any provision of this Chapter.

67      

Appeal against refusal of order

20

(1)   

Where a justice of the peace refuses an application for an investigation

anonymity order, the applicant may appeal to a judge of the Crown Court

against that refusal.

(2)   

An applicant may not appeal under subsection (1) unless the applicant

indicates—

25

(a)   

in the application for the order, or

(b)   

if there is a hearing of the application before the justice, at the hearing,

   

that the applicant intends to appeal a refusal.

(3)   

If an applicant has indicated an intention to appeal a refusal, a justice of the

peace who refuses an application for an investigation anonymity order must

30

make the order as requested by the applicant.

(4)   

An order made under subsection (3) has effect until the appeal is determined

or otherwise disposed of.

(5)   

The judge to whom an appeal is made must consider afresh the application for

an investigation anonymity order and section 65(3) to (5) applies accordingly

35

to the determination of the application by the judge.

(6)   

In the application of section 65(5) by virtue of subsection (5), the reference in

section 65(5) to the designated officer in relation to a justice of the peace is to be

read—

(a)   

in the case of an appeal made in England and Wales, as a reference to

40

the appropriate officer of the Crown Court;

(b)   

in the case of an appeal made in Northern Ireland, as a reference to the

chief clerk of the county court division in which the appeal is made.

 
 

 
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