Coroners and Justice Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Ministry of Justice, are published

separately as HL Bill 33—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord Bach has made the following statement under section 19(1)(a) of the Human

Rights Act 1998:

In my view the provisions of the Coroners and Justice Bill are compatible with the

Convention rights.

 

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Coroners and Justice Bill

 

 
 

Contents

Part 1

Coroners etc

Chapter 1

Investigations into deaths

Duty to investigate

1   

Duty to investigate certain deaths

Investigation by other coroner

2   

Request for other coroner to conduct investigation

3   

Direction for other coroner to conduct investigation

Discontinuance of investigation

4   

Discontinuance where cause of death revealed by post-mortem examination

Purpose of investigation

5   

Matters to be ascertained

Inquests

6   

Duty to hold inquest

7   

Whether jury required

8   

Assembling a jury

9   

Determinations and findings by jury

Outcome of investigation

10   

Determinations and findings to be made

 

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Coroners and Justice Bill

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Certification by Secretary of State in interests of national security etc

11   

Certified investigations: investigation by judge, inquest without jury

12   

Intercept evidence

Suspension

13   

Duty or power to suspend or resume investigations

Death of service personnel abroad

14   

Investigation in Scotland

15   

Investigation in England and Wales despite body being brought to Scotland

Ancillary powers of coroners in relation to deaths

16   

Post-mortem examinations

17   

Power to remove body

Chapter 2

Notification, certification and registration of deaths

18   

Notification by medical practitioner to senior coroner

19   

Medical examiners

20   

Medical certificate of cause of death

Chapter 3

Investigations concerning treasure

21   

Investigations concerning treasure

Chapter 4

Coroner areas, appointments etc

22   

Coroner areas

23   

Appointment etc of senior coroners, area coroners and assistant coroners

24   

Provision of staff and accommodation

Chapter 5

Further provision to do with investigations and deaths

25   

Powers of senior coroners

26   

Offences

27   

Allowances, fees and expenses

Chapter 6

Governance etc

28   

Chief Coroner and Deputy Chief Coroners

29   

Reports and advice to the Lord Chancellor from the Chief Coroner

 
 

Coroners and Justice Bill

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30   

Regulations about training

31   

Inspection of coroner system

32   

Appeals to the Chief Coroner

33   

Investigation by Chief Coroner or by judge, former judge or former coroner

34   

Guidance by the Lord Chancellor

Chapter 7

Supplementary

Regulations and rules

35   

Coroners regulations

36   

Coroners rules

Coroner of the Queen’s household

37   

Abolition of the office of coroner of the Queen’s household

Interpretation

38   

“Interested person”

39   

Interpretation: general

Northern Ireland and Scotland amendments

40   

Amendments to the Coroners Act (Northern Ireland) 1959

41   

Amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland)

Act 1976

Part 2

Criminal offences

Chapter 1

Murder, infanticide and suicide

Partial defence to murder: diminished responsibility

42   

Persons suffering from diminished responsibility (England and Wales)

43   

Persons suffering from diminished responsibility (Northern Ireland)

Partial defence to murder: loss of control

44   

Partial defence to murder: loss of control

45   

Meaning of “qualifying trigger”

46   

Abolition of common law defence of provocation

Infanticide

47   

Infanticide (England and Wales)

48   

Infanticide (Northern Ireland)

 
 

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Suicide

49   

Encouraging or assisting suicide (England and Wales)

50   

Encouraging or assisting suicide (Northern Ireland)

51   

Encouraging or assisting suicide: information society services

Chapter 2

Images of children

Prohibited images

52   

Possession of prohibited images of children

53   

Exclusion of classified film etc

54   

Defences

55   

Meaning of “image” and “child”

56   

Penalties

57   

Entry, search, seizure and forfeiture

58   

Special rules relating to providers of information society services

Indecent pseudo-photographs of children

59   

Indecent pseudo-photographs of children: marriage etc

Chapter 3

Other offences

60   

Conspiracy

61   

Hatred against persons on grounds of sexual orientation

Part 3

Criminal evidence, investigations and procedure

Chapter 1

Anonymity in investigations

62   

Qualifying offences

63   

Qualifying criminal investigations

64   

Investigation anonymity orders

65   

Applications

66   

Conditions for making order

67   

Appeal against refusal of order

68   

Discharge of order

69   

Delegation of functions

70   

Public interest immunity

71   

Application to armed forces

72   

Interpretation of this Chapter

 
 

Coroners and Justice Bill

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Chapter 2

Anonymity of witnesses

Witness anonymity orders

73   

Witness anonymity orders

74   

Applications

75   

Conditions for making order

76   

Relevant considerations

77   

Warning to jury

Discharge and variation

78   

Discharge or variation of order

79   

Discharge or variation after proceedings

80   

Discharge or variation by appeal court

Service courts

81   

Special provisions for service courts

Public interest immunity

82   

Public interest immunity

The Criminal Evidence (Witness Anonymity) Act 2008

83   

Power to make orders under the 2008 Act

Interpretation

84   

Interpretation of this Chapter

Chapter 3

Vulnerable and intimidated witnesses

Special measures for vulnerable and intimidated witnesses

85   

Eligibility for special measures: age of child witnesses

86   

Eligibility for special measures: offences involving weapons

87   

Special measures directions for child witnesses

88   

Special provisions relating to sexual offences

89   

Evidence by live link: presence of supporter

90   

Video recorded evidence in chief: supplementary testimony

Evidence of certain accused persons

91   

Examination of accused through intermediary

Witnesses protected from cross-examination by accused in person

92   

Age of child complainant